How can I resolve a municipality's refusal to recognize my deed priority in Florida related to a drainage right of way?

Question

I am facing an issue with a municipality in Florida that refuses to recognize my full legal deed for the sale of a parcel, which was signed four days prior to their deed for the same parcel, meant for a drainage right of way. Despite proving my deed's priority and that the developer had no ownership to sell it to them, the municipality recorded their deed first on the same day as mine. In Florida, conveyance determines priority, not the date of recording. I obtained a quitclaim from my cousin, who held a warranty deed from the original purchasers with a valid warranty deed from the developer. The municipality dismisses my documentation, and an unofficial communication from a title agent suggested that acknowledging my deed would incur significant claims for the title company. What steps can I take to resolve this and have my deed properly recognized?

James L. Arrasmith · Answer

What you are dealing with is essentially a dispute over property rights, and those issues often come down to how the courts interpret the priority of deeds. Since your deed was executed before the municipality’s deed, you have a strong argument that your ownership should prevail, regardless of the fact that theirs was recorded first. Florida law recognizes that conveyance, not just recording, plays a key role in establishing priority, so your timeline matters. 
 
The first step you can take is to formally put your position in writing to the municipality, attaching all supporting documents such as your deed, the quitclaim, and proof of the chain of title. This creates a clear record that you have asserted your claim and gives the municipality a chance to respond beyond informal dismissals. At the same time, you may want to consider filing a quiet title action, which is a legal proceeding that asks a judge to determine rightful ownership and clear any competing claims. 
 
If the municipality continues to dismiss your claim, pursuing legal action may be the only way to ensure your deed is properly recognized. While it may feel intimidating to challenge a public entity, the courts exist to settle exactly these kinds of conflicts. Once a court rules in your favor, the municipality and title company will have no choice but to respect your deed. This step protects your rights and prevents future disputes over the property. 
 
Would you like me to outline what documents and evidence you should gather right now to strengthen a possible quiet title case?

Q: How can I resolve a municipality's refusal to recognize my deed priority in Florida related to a drainage right of way?