{"id":372508,"date":"2016-03-31T21:34:54","date_gmt":"2016-04-01T02:34:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-adverse-possession-laws.html"},"modified":"2017-09-15T14:29:26","modified_gmt":"2017-09-15T19:29:26","slug":"florida-adverse-possession-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-adverse-possession-laws.html","title":{"rendered":"Florida Adverse Possession Laws"},"content":{"rendered":"\n
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Florida Adverse Possession Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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Most of us may have never heard of adverse possession before. And depending on your perspective, the idea of adverse possession can either seem like a justified transfer of land to someone who will actually put the property to a more beneficial use, or an unfair theft of land by squatters. So how does it work in practice, and what are the legal particulars in the Sunshine State? Here is a brief summary of adverse possession laws in Florida.<\/p>\n

Adverse Possession<\/h2>\n

The law of adverse possession<\/a> says when an individual publicly moves into an otherwise neglected property and improves this property, they can be granted title to it after a period of time. Florida adverse possession laws require claimants to occupy a given property for at least 7 years and either under "color of title" or payment of property taxes for seven years.<\/p>\n

Adverse Possession<\/h2>\n

State statues on adverse possession<\/a> can differ. Learn about the basic provisions of Florida adverse possession laws in the table below.<\/p>\n\n

Code Section<\/p>\n<\/td>\n

95.16<\/a>,  <\/p>\n<\/td>\n<\/tr>

Time Period Required for Occupation<\/p>\n<\/td>\n

7 yrs and Color of Title; or<\/p>\n

7 yrs. and Payment of Taxes.<\/p>\n<\/td>\n<\/tr>

Time for Landowner to Challenge\/Effect of Landowner’s Disability<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Improvements<\/p>\n<\/td>\n

One way to possess land<\/p>\n<\/td>\n<\/tr>

Payment of Taxes<\/p>\n<\/td>\n

7 yrs.<\/p>\n<\/td>\n<\/tr>

Title from Tax Assessor<\/p>\n<\/td>\n

4 yrs.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

There are normally four major requirements for a valid adverse possession claim:<\/p>\n

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  1. Hostile Claim: The trespasser must either
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    1. be aware of his or her trespassing;<\/li>\n
    2. merely occupy the land (with or without knowledge that it is private property); or<\/li>\n
    3. make an honest mistake (such as relying on an incorrect deed),<\/li>\n<\/ol>\n<\/li>\n
    4. Actual Possession: The trespasser must be physically present on the land, treating it as his or her own.<\/li>\n
    5. Open and Notorious Possession: The act of trespassing cannot be in secret.<\/li>\n
    6. Exclusive and Continuous Possession: The trespasser cannot share possession with others, and must be in possession of the land for an unbroken period of time.<\/li>\n<\/ol>\n

      Additionally, Florida\u2019s adverse possession statute requires cultivation, improvement, or protection from a substantial enclosure on the land.<\/p>\n

      Get Professional Legal Help with Your Adverse Possession Claim<\/h2>\n

      Laws regarding real estate can be complex, especially in a scenario involving adverse possession. If you would like to know your rights and responsibilities as a landowner or occupier, or if you would like legal advice regarding an existing adverse possession case, you should contact a Florida real estate attorney<\/a>. 
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