Accession in Florida Property Law
Accession is a legal doctrine providing that ownership of property extends to everything added to, produced by, or naturally attached to that property. In Florida, accession governs who owns improvements built on land, crops grown on soil, and materials affixed to existing structures.
Real Property Accession
When improvements are made to Florida real estate, accession determines ownership. Fixtures permanently attached to land generally become part of the real property and belong to the landowner. Florida's Betterment Statute, Section 66.061, protects good-faith improvers who mistakenly build on another's land by granting them a lien for the value of the improvement rather than forcing them to remove it.
Natural Accession
Florida waterfront property owners benefit from natural accession through accretion, the gradual, imperceptible addition of soil to a shoreline by natural forces. Under Florida law, land added by accretion belongs to the adjacent riparian owner. This contrasts with avulsion, where sudden changes in a watercourse do not change property boundaries.
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Barnes Walker Real Estate
Barnes Walker's real estate attorneys resolve property disputes involving accession, encroachment, and boundary issues in Manatee and Sarasota counties. Schedule a consultation to discuss your matter.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC