Fla. Stat. 197.572
Certain easements survive tax sales and deeds


(1)

When any lands are sold for the nonpayment of taxes, or any tax certificate is issued thereon by a governmental unit or agency or pursuant to any tax lien foreclosure proceeding, the title to the lands shall continue to be subject to any easement:For conservation purposes as provided in s. 704.06 or for telephone, telegraph, pipeline, power transmission, or other public service purpose.That supports improvements that may be constructed above the lands.For the purposes of drainage or of ingress and egress to and from other land.For base buffering encroachment lands acquired through a fee simple or less-than-fee simple acquisition under s. 288.980(2)(b).

(a)

For conservation purposes as provided in s. 704.06 or for telephone, telegraph, pipeline, power transmission, or other public service purpose.

(b)

That supports improvements that may be constructed above the lands.

(c)

For the purposes of drainage or of ingress and egress to and from other land.

(d)

For base buffering encroachment lands acquired through a fee simple or less-than-fee simple acquisition under s. 288.980(2)(b).

(2)

An easement described in subsection (1) and the rights of the owner of the easement shall survive and be enforceable after the execution, delivery, and recording of a tax deed, a master’s deed, or a clerk’s certificate of title pursuant to foreclosure of a tax deed, tax certificate, or tax lien, to the same extent as though the land had been conveyed by voluntary deed. The easement must be evidenced by written instrument recorded in the office of the clerk of the circuit court in the county where such land is located before the recording of such tax deed or master’s deed, or, if not recorded, an easement for a public service purpose must be evidenced by wires, poles, or other visible occupation, an easement for drainage must be evidenced by a waterway, water bed, or other visible occupation, and an easement for the purpose of ingress and egress must be evidenced by a road or other visible occupation to be entitled to the benefit of this section; however, this shall apply only to tax deeds issued after the effective date of this act.

Source: Section 197.572 — Certain easements survive tax sales and deeds, https://www.­flsenate.­gov/Laws/Statutes/2024/0197.­572 (accessed Aug. 7, 2025).

197.102
Definitions
197.103
Deputy tax collectors
197.122
Lien of taxes
197.123
Erroneous returns
197.131
Correction of erroneous assessments
197.146
Uncollectible personal property taxes
197.152
Collection of unpaid or omitted taxes
197.162
Tax discount payment periods
197.172
Interest rate
197.182
Department of Revenue to pass upon and order refunds
197.192
Land not to be divided or plat filed until taxes paid
197.212
Minimum tax bill
197.217
Judicial sale
197.222
Prepayment of estimated tax by installment method
197.243
Definitions relating to homestead property tax deferral
197.252
Homestead tax deferral
197.254
Annual notification to taxpayer
197.262
Deferred payment tax certificates
197.263
Change in ownership or use of property
197.272
Prepayment of deferred taxes
197.282
Distribution of payments
197.292
Construction
197.301
Penalties
197.312
Payment by mortgagee
197.319
Refund of taxes for residential improvements rendered uninhabitable by a catastrophic event
197.322
Delivery of ad valorem tax and non-ad valorem assessment rolls
197.323
Extension of roll during adjustment board hearings
197.332
Duties of tax collectors
197.333
When taxes due
197.343
Tax notices
197.344
Lienholders
197.363
Special assessments and service charges
197.373
Payment of portion of taxes
197.374
Partial payment of current year taxes
197.383
Distribution of taxes
197.402
Advertisement of real or personal property with delinquent taxes
197.403
Proof of publication
197.412
Attachment of tangible personal property in case of removal
197.413
Delinquent personal property taxes
197.414
Record of warrants and levies on tangible personal property
197.416
Continuing duty of the tax collector to collect delinquent tax warrants
197.417
Sale of personal property after seizure
197.432
Sale of tax certificates for unpaid taxes
197.433
Duplicate certificates
197.442
Tax collector not to sell certificates on land on which taxes have been paid
197.443
Cancellation of tax certificates
197.444
Cancellation of tax certificates
197.446
Payment of back taxes as condition precedent to cancellation of tax certificate held by county
197.447
Cancellation of tax liens held by the county on property of the United States and the State of Florida
197.462
Transfer of tax certificates held by individuals
197.472
Redemption of tax certificates
197.473
Disposition of unclaimed redemption moneys
197.482
Expiration of tax certificate
197.492
Errors and insolvencies report
197.502
Application for obtaining tax deed by holder of tax sale certificate
197.512
Notice, form of publication for obtaining tax deed by holder
197.522
Notice to owner when application for tax deed is made
197.532
Fees for mailing additional notices, when application is made by holder
197.542
Sale at public auction
197.552
Tax deeds
197.562
Grantee of tax deed entitled to immediate possession
197.572
Certain easements survive tax sales and deeds
197.573
Survival of restrictions and covenants after tax sale
197.582
Disbursement of proceeds of sale
197.592
County delinquent tax lands
197.593
Corrective county deeds without consideration or further notice
197.602
Reimbursement required in challenges to the validity of a tax deed
197.603
Declaration of legislative findings and intent
197.2301
Payment of taxes prior to certified roll procedure
197.2421
Property tax deferral
197.2423
Application for property tax deferral
197.2425
Appeal of denied tax deferral
197.2524
Tax deferral for recreational and commercial working waterfront properties and affordable rental housing property
197.2526
Eligibility for tax deferral for affordable rental housing property
197.3225
Public records exemption
197.3335
Tax payments when property is subject to adverse possession
197.3631
Non-ad valorem assessments
197.3632
Uniform method for the levy, collection, and enforcement of non-ad valorem assessments
197.3635
Combined notice of ad valorem taxes and non-ad valorem assessments
197.4155
Delinquent personal property taxes
197.4325
Procedure when payment of taxes or tax certificates is dishonored
197.4725
Purchase of county-held tax certificates

Current through Fall 2025

§ 197.572. Certain easements survive tax sales & deeds's source at flsenate​.gov