The Short Answer

In Florida, a survey helps you understand what the land boundaries likely are on the ground, but it usually does not fix a problem in the public records by itself. A quiet title action is the court process used to remove a cloud on title and obtain a judgment that can be recorded to clarify ownership and marketability.

What Florida Law Says

A title “discrepancy” can mean different things: a boundary line overlap, an old deed with a bad legal description, a missing link in the chain of title, or another person’s recorded claim that makes the property hard to sell or refinance. When the issue is a recorded adverse claim (or a defect that requires evidence beyond the face of the documents), Florida law allows a lawsuit to have the court determine the rightful title and remove the cloud.

The Statute

The primary law governing this issue is Fla. Stat. § 65.061.

This statute establishes that a person claiming legal or equitable title may ask the court to cancel an adverse claim/evidence of title that clouds ownership and enter a judgment forever quieting title, even when resolving the dispute requires extrinsic evidence.

By contrast, a survey is often an important input to the analysis (and can be critical evidence in a boundary dispute), but it is not the same thing as a court order that clears the public record. Florida law also recognizes the role of boundary surveys in land matters (for example, subdivision plats require a boundary survey prepared under a professional surveyor and mapper). See Fla. Stat. § 177.041.

If you’re dealing with inherited property, these issues often come up when heirs discover old legal-description problems, unrecorded interests, or conflicting deeds while trying to sell or refinance. For more background, you may find this helpful: How Do I Clear a Cloud on Title with a Quiet Title Action in Florida? and Can a Quiet Title Lawsuit Finalize an Inherited Property Transfer in Florida?.

Why You Should Speak with an Attorney

While the general idea is straightforward (survey = facts on the ground; quiet title = court-ordered fix in the records), choosing the right approach depends on details that can make or break the outcome. Legal outcomes often depend on:

• Strict pleading and proof requirements: Florida’s quiet title statute can require the plaintiff to deraign title from the original source or for at least 7 years unless the court directs otherwise. See Fla. Stat. § 65.061(3).
• Burden of proof and evidence: A survey can help show where a boundary should be, but the court may also need deed interpretation, prior surveys, title history, and witness testimony—especially if the adverse claim is not “void on its face.” See Fla. Stat. § 65.061(2).
• Possession and who must be sued: Quiet title cases can change if someone is in actual possession (jury trial issues may arise), and missing a necessary party can undermine the judgment’s usefulness for title insurance and future buyers. See Fla. Stat. § 65.061(1).

In practical terms, many people start with a survey to confirm whether the “discrepancy” is real and measurable. But if the problem is a cloud in the recorded chain of title (or a competing recorded claim), a quiet title action is often what ultimately creates a recordable result that lenders, buyers, and title insurers can rely on.

Trying to handle this alone can lead to an incomplete fix—meaning the property still can’t be sold, refinanced, or distributed cleanly in an estate.

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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.