What is the “lost document rule”?

The “lost document rule” is a legal principle in Florida property law. It states that when a document is lost or destroyed, the last known possessor of the document is presumed to have been the holder of the legal title to the property. This principle is the basis of so-called "lost document" lawsuits, which are sometimes filed by parties who claim to have lost possession of a legal document that would confirm their title to a piece of property. Under the lost document rule, the last known possessor of a document is presumed to have been the holder of the legal title to the property. That means that a court may order them to prove their title, or else the court may rule in favor of the claimant who is trying to establish their title based on the document lost or destroyed, rather than the last known possessor. This rule also applies to cases where someone acquired title to property through a transaction that was never recorded or reduced to writing. The courts in Florida have long held that the lost document rule is an equitable principle, and that it should be applied to cases when it is determined that the circumstances call for it. The courts have also held that it is the burden of the claimant to provide evidence to prove that the lost document would have granted the claimant title to the property. In order to prove this, the claimant must provide substantial evidence of the contents of the lost document, the identity of the parties, and the transaction that was memorialized in the document.

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What is the “lost document rule”?

What is the “lost document rule”?

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