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Mineral reservations in the chain of title to real properties are not uncommon to find in Florida. When the State of Florida first conveyed title to state-owned lands, mineral reservations were customary. These rights did not raise an issue for individuals using the land for farming. But for individuals undergoing construction on their land, these rights raised issues.
For marketability purposes, an application is submitted to release the right of entry. As the state became more populated, the release of the right to entry delayed some economic developments. The state then adopted a statute identified in F.S. 270.11(3), stating that “The right of entry to any interest in phosphate, minerals, and metals or any interest in petroleum reserved in favor of the Board of Trustees of the Internal Improvement Trust Fund, the State Board of Education, a local government, a water management district, or other agency of the state is released for any parcel of property that is, or ever has been, a contiguous tract of fewer than 20 acres in the aggregate under the same ownership.”
Properties are also subject to mineral reservations held by private parties. These claims will include a right of entry unless the right has been expressly disclaimed. This law remains in the local Florida Districts; however, this law has not yet been approved by the Florida Supreme Court level. If the right of entry has been removed, title insurers could state that in insurance policies, showing no reservations of existing minerals.