Adverse Possession Claims on FL Real Property
FL adverse possession (Sections 95.12-95.18): 7 years with color of title + taxes, or 20 years without. Must file return with property appraiser (Section 95.18(1)): describes property, basis, date of possession. Pay all taxes. Elements: actual, open, notorious, hostile, exclusive, continuous. File quiet title to record. Defenses: permission, disability, tacking, and interruption.
Two Paths
- 7 years: color of title + taxes + filing
- 20 years: common law, no filing
Filing Requirement
- Section 95.18(1): property appraiser return
- Pay all outstanding taxes
- Starts 7-year period
Defenses
- Permission, disability
- Tacking challenge, interruption
Related Terms
- Adverse Possession — Overview
Barnes Walker Real Estate
Barnes Walker’s attorneys handle adverse possession in Florida. Request a legal inquiry for 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