Bulletin: FL2024002

Dear Associates:

Highland County, Florida has adopted an ordinance effective March 12, 2024, which requires that all deeds recorded in the county be accompanied by an affidavit in a form promulgated by the county, executed by the grantee which acknowledges whether or not the subject property has a legal right of access. Affidavit forms are attached to this bulletin.

Under the terms of Highland Ordinance 22-23-23 and an Interlocal Agreement, the Highlands County Clerk of Court is authorized to reject the electronic recording of a deed not accompanied by the affidavit. If the deed is submitted by U.S. Mail, the Clerk is to notify the party who submitted the deed that the affidavit is to be recorded. The Clerk is authorized to accept a deed for recording if the party presenting it for recording refuses to provide an affidavit after being requested to do so by the Clerk.

While the failure to attach the appropriate affidavit could result in a delay in recording, once recorded a deed is not defective due to it being recorded without the affidavit. To be clear, this ordinance does not modify Stewart Title Guaranty Company’s underwriting requirements to independently verify that the subject property has a legal right of access which is insured based on the provisions contained in the Policy Jacket or to take exception for there not being a legal right of access.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

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