Florida Adverse Possession Laws

Generally, a person can acquire real property by openly using another person's property and continuously paying taxes on it.

Florida's laws on acquiring real property via adverse possession are contained in the Statute of Limitations. Adverse possession can be acquired either under "color of title" or "without color of title."

Adverse Possession Laws

Adverse possession is a legal concept in which a party may acquire title from another by openly occupying another party's land and paying real property taxes for seven years. The two major Florida adverse possession limitations are set out in Sections 95.16 and 95.18. Additional adverse possession laws involve acquisition by tax deed and executor's sale.

Florida Limitations Laws: Possession of Land

There are Florida statutes applicable to situations in which the party seeking adverse possession does not have title to property. The party is required to "possess" the real property for at least seven years and notify the tax assessor of the claim for at least one year. "Possession" requires that the party protect the property "by substantial enclosure" or that it be "usually cultivated or improved." The party must also have paid the property taxes.

Florida Limitations Laws: Acquisition Under Color of Title

Real property can also be acquired by adverse possession by virtue of a written, recorded document. The typical scenario occurs with a landowner building a fence or making improvements on another party's adjacent land. Section 95.16 codifies these rights and requires occupation of land for seven years.

References

• Florida Statutes: Section 95.21
• Florida Statutes: Section 95.16
• Florida Statutes: Section 95.18
• Florida Statutes: Section 95.191
• Florida Statutes: Section 95.192
• Florida Statutes: Section 95.051