Tacking in Adverse Possession
Tacking: combining successive possessors’ periods to meet the statutory requirement. FL adverse possession (Section 95.18): 7 years, actual, exclusive, open/notorious, hostile, and continuous. Must file return with property appraiser + pay taxes. Tacking requires privity: deed, will, contract, gift, or familial succession. No privity: restart 7 years. Burden on adverse possessor to prove privity. Color of title: Section 95.16.
Tacking Requirements
- Privity between successive possessors
- Voluntary transfer of possession
- Deed, will, contract, gift
FL Adverse Possession
- 7 years continuous (Section 95.18)
- Actual, exclusive, open, hostile
- File return + pay taxes
No Privity
- Stranger: restart 7 years
- Burden on possessor
Related Terms
- Adverse Possession — Claim by use
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