Adverse Possession

What Is Adverse Possession?

Adverse possession is a legal principle that allows someone who occupies another person's land for a long enough period, under specific conditions, to claim legal ownership. The doctrine exists because the law favors productive use of land and penalizes owners who abandon or neglect their property for extended periods.

In Florida, adverse possession is governed by Chapter 95, Florida Statutes, and the requirements differ depending on whether the claimant has "color of title" (a document that appears to convey ownership but is defective).

Florida Adverse Possession Requirements

With Color of Title (Section 95.16)

A claimant with color of title must prove:

• 7 years of continuous possession
• Possession under a recorded document that appears to convey title (color of title)
• Payment of all property taxes during the 7-year period
• The possession was actual, open, notorious, continuous, and hostile

Without Color of Title (Section 95.18)

A claimant without color of title must:

• File a return with the county property appraiser describing the property and the basis for the claim
• Maintain continuous possession for 7 years after filing the return
• Pay all property taxes, assessments, and liens during the 7-year period
• Use, cultivate, or improve the land in a manner that is open and notorious

Florida's 2023 amendments to Section 95.18 added the requirement that the claimant must file the return with the property appraiser before the 7-year period begins, making adverse possession claims without color of title significantly more difficult.

The Five Elements of Adverse Possession

1. Actual — The claimant must physically occupy and use the land.
2. Open and notorious — The occupation must be visible and obvious, not hidden.
3. Continuous — The possession must be uninterrupted for the full statutory period.
4. Exclusive — The claimant must possess the land to the exclusion of the true owner.
5. Hostile — The possession must be without the owner's permission. Using the land with the owner's consent (even informal) defeats a claim.

Related Terms

• Quiet Title Action — The lawsuit used to formalize an adverse possession claim
• Chain of Title — Adverse possession can create a new link in the chain
• Encroachment — Physical intrusion that can lead to adverse possession
• Boundary Dispute — Often involves adverse possession claims

Barnes Walker Adverse Possession Services

Barnes Walker's litigation attorneys handle adverse possession claims and defenses in Manatee, Sarasota, and surrounding counties, including quiet title actions to formalize ownership. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC