Adverse Possession Under Color of Title in Florida (Part 3)

This is the third part of a three-part series of blogs covering Adverse Possession of real estate in Florida. For the overview blog, please click here. For part two, click here.

In the Florida Statutes, there are two different methods of attempt to adversely possess real property: Adverse Possession with Color of Title and Adverse Possession without Color of Title. The first step in an adverse possession claim in Florida is to determine the basis of the adverse possession claim and whether you are filing with or without color of title. Adverse Possession with Color of Title is found in Florida Statute §95.16 while Adverse Possession without Color of Title is found in Florida Statute §95.18. This article will consider Adverse Possession without Color of Title.

In Florida, the basic elements of adverse possession must be met before the elements of adverse possession under color of title are established. Adverse Possession without Color of Title is primarily found in statutory law and these elements must be met in order to establish claim to the real property without color of title:

1. The occupant of the real property must have entered into possession of the land under a claim of title, not founded on a written instrument, and has for seven years been in actual continued possession of the property described in the written instrument. In addition, the possessor must have:
   1. Paid all outstanding taxes and special improvement liens levied against the property by the state, county, or municipality within one year after entering into possession.
   2. Made a return of the property by proper legal description to the property appraiser of the appropriate county where the land is located within thirty days after paying the taxes and liens.
   3. Paid all outstanding taxes and special improvement liens levied against the property by the state, county, or municipality for all remaining years necessary to establish a claim of adverse possession.
2. Possession is defined as:
   1. The land has been cultivated or improved.
   2. The land has been protected by a substantial enclosure.
   3. Click here to view the Return Form for Adverse Possession of Real Property without Color of Title.

This is a THREE part Article:

To Read Part 1 Click Here

To Read Part 2 Click Here

If you have further questions about Real Estate Law in Florida or would like to talk with Caleb directly click here