Adverse Possession Without Color of Title in Florida
Adverse possession without color of title applies when the claimant has no written instrument purporting to convey ownership. Florida imposes additional procedural requirements on these claims to protect property owners from fraudulent occupation of vacant land.
The Property Appraiser Return
Under Section 95.18, a claimant without color of title must file a sworn return with the county property appraiser describing the property, the date possession began, and the basis for the claim. This filing is a mandatory prerequisite; failure to file before the seven-year period begins means the clock never starts. The return creates a public record that puts the true owner on constructive notice.
Criminal Penalties for Fraud
Florida takes fraudulent adverse possession claims seriously. Section 95.18(8) criminalizes the filing of false or misleading returns with the property appraiser. Perpetrators face first-degree misdemeanor charges. In addition, the true owner can bring civil actions for trespass, ejectment, and damages. Law enforcement in Manatee and Sarasota counties has prosecuted several fraudulent adverse possession schemes targeting vacant residential properties.
Related Terms
- Adverse Possession Requirements
- Color of Title
- Ejectment
Barnes Walker Real Estate
Barnes Walker defends property owners against unauthorized occupation and fraudulent adverse possession claims. Contact our real estate team for urgent 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