I read a VERY INTERESTING article today and I leaned something new. I have written about about the meander line and how that is shown on plats in Jupiter area. I also write about the troubles around this shown when perhaps not applicable along the C-17 a/k/a Earman River in North Palm Beach.
What I learned is that there are 2 types of land “owned’ by the state. The first is land which they acquired as a result of being granted statehood. This is what is called sovereign lands and was to be held in public trust. Sovereign, as in the Kings Land. Wait what? The original 13 colonies got, when we won the war for independance, the land below navigable waters as this was owned by the sovereign (the king) so subsequent states got this land too as the had to be on “equal footing” with the origioanl 13. Sovereign land is the lands below “navigable rivers, lakes, and tidelands are held in a public trust which imposes a legal duty upon the state to preserve and control them for public navigation, fishing, swimming, and other lawful uses.” The courts in Florida have upheld that even is one has a deed conveying these lands that the state had no right to sell it. WOW!
The second type of land the state acquired title to NOT as a result of simply becoming a state but lands which the Federal government GAVE to them by Act(s) of Congress with the INTENTION of being sold to, and utilized by, private citizens. I have written of how this land was used to create what would become the intracoastal waterway in the area. This is what is called “improvements lands”. These lands were sold to, or traded to, developers as payment for the creation of say a mile of canal, roadway or of a railroad.
In “1855 Florida Legislature created the Internal Improvement Fund, which consisted of title to internal improvement lands and swamp lands and all proceeds from the sale of such lands. The legislature then vested title to the internal improvement lands and swamp lands in the “Trustees of the Internal Improvement Fund” (the governor and cabinet) and gave them authority to sell and transfer the lands as prescribed by statute.”
And here is paragraph 19 of the “AS IS” FR/Bar Contract: 19. ADDENDA: The following additional terms are included in the attached addenda or riders and incorporated into this Contract (Check if applicable): 
For the most part, the riders match up per letter on both contracts. However, you will note several comprehensive rider letters marked “RESERVED” on the “AS IS” FR/Bar contract in paragraph 19. What does this mean? That no corresponding rider goes with that particular contract version. In other words, the rider you see in paragraph 19 of the standard FR/Bar contract isn’t intended to be used with the “AS IS” FR/Bar contract. The obvious next question is: Why not? Let’s look at what those particular addenda are to see why their use isn’t intended with the “AS IS” version of the FR/Bar contracts. Comprehensive Rider I., Mold Inspection, is listed as reserved on the “AS IS” version of the contract because the “AS IS” version of the FR/Bar contracts gives buyers an inspection period for any and all inspections they may want to complete. “Any and all” includes a mold inspection. The “AS IS” version also allows a buyer to cancel for any reason as long as the buyer is doing so within the inspection period. So, a buyer with the “AS IS” version of the FR/Bar contract could perform a mold inspection during the buyer’s inspection period, be unsatisfied with the presence of mold, and choose to terminate the contract as a result. There is no need for any mold rider because a buyer’s ability to perform a mold inspection and terminate is already built into the main body of the “AS IS” contract’s language. However, if a buyer is using the standard FR/Bar contract, there is a repair standard for certain types of repairs uncovered during the buyer’s inspection period. As the language in the standard FR/Bar contract didn’t directly address mold, this rider was created to give buyers a possible “out” if they find the presence of mold and remediation exceeds a certain dollar amount. Note: This rider does not obligate the seller to fix or repair any damage based on the presence of mold; instead, it allows a buyer to terminate the contract if a mold inspection reveals the presence of mold, and remediation or repair costs are higher than a specified amount set forth in the rider. As a matter of clarification, the other two “RESERVED” spots on the “AS IS” version of the FR/Bar are for using an “AS IS” rider or a “Right to Inspect/Cancel” rider. As stated above in my explanation on the Mold Rider, there is no need to use these riders with the “AS IS” version of the FR/Bar contracts based on the same reasoning: The language is already in the “AS IS” version. In other words, you wouldn’t attach the “AS IS” rider to the “AS IS” contract. If you did, you’d be effectively saying the same thing twice. Understanding the riders and how they operate between the two versions of the FR/Bar contract is an important step in adequately representing buyers and sellers. Hopefully this article helps you stay on the right path to many successful transactions. Meredith Caruso is Associate General Counsel for Florida Realtors Note: Advice deemed accurate on date of publication © 2021 Florida Realtors®
