Under Florida statue 689.07 does a property held in a Florida land trust with a Deed in Trust as the recorded instrument have to specifically have written in the recorded instrument (deed in trust) the powers given to the trustee. Example: The trustee of Jane doe land trust has the right to lease, sell, possess, manage, operate, collect rent, direct and control the Trust property in accordance to the undisclosed trust agreement. The way I read the statue the power given to the trustee has to be written in the recorded instrument and a person dealing with the trustee of a Florida land trust need look no further then the recorded instrument to determine the powers of the trustee. So if there are no powers granted in th recorded instrument does that mean the the trustee has no powers regardless of what is in the land trust agreement? Under the statue you do not have the right to see the trust agreement. Interpretation of the statue seems to vary, does anyone have a definitive answer?
If the trustee powers are not enumerated in the deed one must turn to the trust itself for trustee powers. In order to rely upon the provision stating that one need not look any further than the recorded instrument you must have enumerated the powers in the deed in the first place.