Adverse Possession Claims Under Florida Law
Filing an adverse possession claim in Florida requires satisfying specific statutory elements and ultimately obtaining a court judgment through a quiet title action. The process is more structured than in many other states due to Florida's 2023 legislative reforms.
The Claim Process
A Florida adverse possession claim begins with the statutory return filed with the county property appraiser under Section 95.18 (for claims without color of title). The claimant then must occupy the property continuously for seven years while meeting all five elements: actual use, open presence, exclusivity, hostility, and continuity. After seven years, the claimant files a quiet title action in circuit court to convert equitable title into legal title.
Defending Against Claims
Property owners can prevent adverse possession by conducting regular inspections, maintaining the property, paying taxes promptly, and taking immediate action when unauthorized occupancy is discovered. Granting written permission to an occupant destroys the hostility element. Filing an ejectment action interrupts the statutory period. Absentee owners of vacant Florida land should be particularly vigilant.
Related Terms
Barnes Walker Real Estate
Barnes Walker handles adverse possession litigation for both claimants and property owners in Manatee, Sarasota, and surrounding counties. Contact us to protect your property rights.
Florida Law Reference
Fla. Stat. § 95.18
Requires 7 years of continuous, open, and notorious possession under color of title (or without color of title with additional requirements) to claim adverse possession in Florida.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC