How do I correct a clouded title caused by an incorrect property description in a partition action? - Florida
The Short Answer
In Florida, a clouded title caused by an incorrect legal description coming out of a partition case is typically corrected by a court order that clears the cloud and can be recorded in the public records. In many situations, that means a quiet title / remove cloud action (or related relief in the existing case) so the final judgment can be recorded and relied on by title companies and future buyers.
What Florida Law Says
Florida courts have authority to determine competing claims to real property and to remove “clouds” on title—problems in the recorded chain of title that make ownership uncertain (including documents that contain an incorrect property description). When the issue is tied to a recorded instrument or judgment that creates uncertainty about what land was actually partitioned or conveyed, the legal remedy is often a court judgment that cancels or corrects the adverse claim and confirms the owner’s title so it can be recorded.
The Statute
The primary law governing this issue is Fla. Stat. § 65.061.
This statute authorizes an action to remove a cloud from title and quiet title when someone asserts a claim or holds recorded “evidence of title” that casts a cloud on the real owner’s title, and it allows the court to enter a judgment that can be recorded to vest/confirm title.
Why You Should Speak with an Attorney
Even when the problem seems like “just a bad legal description,” fixing it the wrong way can make the title problem worse—especially when the error is tied to a prior lawsuit (like a partition action) and multiple heirs/cotenants. Legal outcomes often depend on:
- Strict title-proof requirements: Florida’s quiet title statute can require a detailed showing of the chain of title (often described as “deraigning” title), and missing links can derail the case. See Fla. Stat. § 65.061(3).
- Burden of proof and evidence: Correcting a description usually requires extrinsic evidence (surveys, prior deeds, probate documents, and testimony) to prove what property was intended—exactly the kind of dispute that title insurers scrutinize.
- Proper parties and due process: Inherited/partitioned property often involves unknown heirs, out-of-state parties, or prior lienholders. If the right defendants are not included and served, the “fix” may not bind everyone and the cloud can remain.
Because partition errors can affect marketability, financing, and future sales, it’s worth having a Florida attorney evaluate whether the best path is a quiet title action, relief in the original partition case, or another court-approved correction that will satisfy the county recording system and title underwriters.
If you want more background reading, these may help:
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.