Tacking (Adverse Possession) Information
Adverse possession laws require that possession of property be open, notorious, continuous, exclusive, and hostile for a specific statutory period. Tacking helps meet the “continuous” requirement when multiple possessors have occupied the property in succession. For tacking to be valid, there must be privity of estate, some voluntary transfer of rights or relationship between the possessors. Courts typically reject tacking when one possessor simply takes over without any legal connection to the previous occupant. The doctrine is designed to prevent technical interruptions in long-term possession from defeating legitimate ownership claims based on longstanding use and control.
Florida Legal Definition
Under Florida law, tacking is recognized in adverse possession cases where successive occupants can demonstrate privity between each other. According to Florida Statutes Chapter 95, Section 12, an individual may claim title through adverse possession if they meet statutory requirements and can show continuous possession for at least seven years. If the possession was passed lawfully, such as through a deed or agreement, tacking of possession periods is permitted. However, Florida courts require clear evidence of privity and continuous, uninterrupted occupation. Adverse possession without color of title also requires payment of property taxes during the claimed period.
How It’s Used in Practice
In practice, tacking is used by claimants in adverse possession cases to combine their period of possession with that of a predecessor to meet Florida’s seven-year requirement. For example, if one occupant held a property for four years and sold or transferred it to another who possessed it for three more years, the total seven years could be tacked together if proper privity exists. Real estate attorneys use tacking to support claims where ownership has been continuous across different occupants. In Florida, courts carefully examine the relationship between possessors to ensure lawful transfer and continuity of possession before allowing tacking.
Key Takeaways
- Tacking allows successive possessors to combine their periods of possession for adverse possession claims.
- It requires privity of estate, such as a deed or written agreement between possessors.
- In Florida, adverse possession with tacking must meet the seven-year continuous possession rule.
- Payment of property taxes may be required, depending on whether color of title exists.
- Courts allow tacking only when possession is lawful, continuous, and clearly connected between parties.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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