Adverse Claims in Florida Real Estate
An adverse claim is an assertion of ownership or a competing interest in real property by someone other than the record title holder. In Florida, adverse claims cloud the title and can prevent sales, refinances, and development until they are resolved.
Sources of Adverse Claims
Adverse claims in Florida arise from numerous sources: unrecorded deeds from family transfers, inheritance disputes where heirs contest ownership, boundary encroachments where a neighbor claims part of the property, adverse possession claims from long-term occupants, construction liens from unpaid contractors, and competing interests from prior owners who failed to properly convey their rights.
Resolution Through Quiet Title
Florida's primary remedy for resolving adverse claims is a quiet title action under Chapter 65. The record owner files suit in circuit court, naming all potential adverse claimants as defendants. The court examines the evidence and, if the record owner prevails, enters a judgment declaring the title free and clear. This judgment is recorded in the official records and eliminates the cloud, allowing the property to be conveyed or encumbered without the prior defect.
Related Terms
Barnes Walker Real Estate
Barnes Walker litigates quiet title actions and resolves adverse claims for property owners throughout Southwest Florida. Contact our real estate team for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC