Title: Opinion File 74-92 thru 74-93
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Permanent Link: http://ufdc.ufl.edu/WL00003402/00001
 Material Information
Title: Opinion File 74-92 thru 74-93
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 74-92 thru 74-93
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 30
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003402
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text




GAe(aA(L cf^ 7
September 27, 1974 p

MEMO TO: Myron Gibbons
FROM: Tom Ullman
RE: SWFWMD Regulatory 10-0003


I received your second m dated 8/16/74 n ?/18/74 regarding
the permit agreement between La Mancha Dos, L and Southwest
Florida Water Management Di tric ently I misunderstood
exactly what information you were seeking.

I notice that the instrument is executed by one W.T. Cox
in his own name. Florida Statute 620.081 is the statute
relevant to our situation. It provides that any estate in real
property may be acquired in the partnership's name. The title
so acquired shall be conveyed or encumbered in the partnership
name. A conveyance of real property held in the partnership name
shall be executed in the partnership name by one of the general
partners unless otherwise provided in the certificate of limited
partnership. The exact meaning of this statute (a copy of which
is attached) is not crystal clear to myself. The first question
that must be asked is whether the partnership owns the land in its
own name. If so, then the permit agreement must be executed by
the partnership in its own name with one of the general partners
signing on its behalf.

It does not appear to me that this has been done. W.T. Cox
has executed the instrument in his own name, and not the name of
the partnership. Further, the signature of W.T. Cox signing in
the name of the partnership may also not be enough to convey the
property interest.

The statute provides that a conveyance of real property held
in the partnership name shall be executed in the partnership name
by one of the general partners unless otherwise provided in the
certificate.

This implies to me that the limited partnership could impose
upon itself a more strict requirement such as requiring the
signatures of more than one general partner in order to convey the
property by so requiring in the certificate of limited partnership
filed with the Secretary of State. Therefore in order to be
absolutely sure that the permit agreement is executed correctly,
it is necessary to obtain a certified copy of the certificate of
limited partnership as amended to date from the Secretary of State
in order to determine in what manner the conveyance of an interest
in real property must be made.







-2-



As for recording the permit agreement, Florida Statute 695.01
provides that no conveyance of real property shall be good and
effectual against a creditor or subsequent bona fide purchaser for
value unless the conveyance is recorded according to law. Florida
Statute 695.24 requires that all instruments in order to be
recorded must reflect the name and address of the person by whom
it is prepared. This permit agreement does not at this point
indicate the required information and therefore cannot be recorded.

I further recommend that not only must the certificate of
limited partnership be obtained to check the authority of those
executing the agreement but also a certified copy of the certificate
of limited partnership should be recorded with the permit agreement
in order that later title examiners will know that the person or
persons executing the permit agreement in the name of La Mancha Dos
were in fact authorized to do so.


STU:mk




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