Hostile Possession in Florida
Hostile possession is a key element of adverse possession (§95.18). "Hostile" means without the owner's permission and inconsistent with the owner's rights. Combined with 7 years continuous possession and tax payment, can transfer title.
"Hostile" Defined
- Without true owner's permission
- Possessor claims property as their own
- Inconsistent with owner's rights
- Intent to possess regardless of other claims
- Permission (lease/license) negates hostility
Adverse Possession Requirements (§95.18)
- Actual, continuous, open, notorious possession
- Hostile (without permission) for 7 years
- Payment of all property taxes during period
- Claim of title (written instrument or independent)
- File return with property appraiser
Real Estate Impact
Boundary disputes, abandoned property claims, and title examination concerns. Owners should inspect property, pay taxes, post signs, and remove unauthorized occupants.
Related Terms
- Evidence of Title — Title claims
- Encumbrance — Adverse claims
Barnes Walker Real Estate
Barnes Walker's attorneys handle adverse possession claims and defense for Florida properties. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC