Adverse Possession Claims in Florida
Adverse possession is a legal doctrine that allows a person who occupies another's property openly, continuously, and without permission for a statutory period to acquire legal title. In Florida, the requirements are set by Section 95.18 and reflect the state's strong property rights traditions.
Elements of an Adverse Possession Claim
A Florida adverse possession claim requires five elements: the occupation must be actual (physical presence and use), open and notorious (visible to anyone), exclusive (not shared with the true owner), hostile (without the owner's permission), and continuous for seven years. The claimant must also demonstrate either color of title with tax payments or, without color of title, compliance with the statutory return filing requirement.
The 2023 Statutory Changes
Florida has tightened adverse possession requirements in recent years, including requiring claimants without color of title to file a return with the county property appraiser before the seven-year period begins. This filing puts the true owner on notice and gives them an opportunity to take action. The changes were prompted by reports of fraudulent adverse possession claims in South Florida.
Related Terms
- Color of Title
- Quiet Title Action
- Trespass
Barnes Walker Real Estate
Barnes Walker litigates adverse possession claims and defends property owners against unlawful occupancy in Southwest Florida. Contact us for immediate assistance.
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