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The Honorable Charlotte R. Fitzsimmons Clerk of the Circuit Court Hendry County Post Office Box 38 LaBelle, Florida 33935-0038

Dear Ms. Fitzsimmons:

This is in response to your request for an opinion on substantially the following question:

WILL A TAX DEED CONVEY THE SUBSURFACE RIGHTS TO A PIECE OF REAL PROPERTY WHEN THOSE RIGHTS HAVE NOT BEEN SEVERED AND THE DEED DOES NOT MENTION THAT THOSE RIGHTS ARE AMONG THE RIGHTS SPECIFICALLY CONVEYED?

In my opinion, a tax deed conveys the entire interest an owner of an interest, who is delinquent in paying taxes, has in a piece of real property, including…