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Posted: May 15th, 2022
Adverse Possession
Adverse possession (FL)
The adverse possession law in Florida states that when a person openly moves into a property that is otherwise neglected and enhances this property, then they can be given title to it after a period of time. The adverse possession statutes in this state require claimants to inhabit a certain property for at least seven years and either under “color of title” or payment of property taxes for 7 years (Mirow, 2017). From the statute, it is clear that the prescribed time for wrongful possession is seven years. When a person continuously occupies a property for 7 successive years, and lacks any official document to support a claim to the title of land, he/she may establish adverse possession by filing a return with the state’s appraisers within 12 months of entry onto the property, and paying liens and taxes evaluated during possession of the property.
One of the key requirements of the adverse possession claim is open and notorious possession (Oehme, 2018). This pertains to an individual utilizing the property as the actual owner would, without concealing his/her occupancy. Another key requirement is that the trespasser’s possession must be actual. This means that the trespasser must be physically present and exercise control over the property as his /her own. Exclusive and continuous possession is also a key requirement of the adverse possession statute. Here, the trespasser must possess the land alone continuously, and thus not share his/her possession with others for the prescribed time period. Lastly, the wrongful possession must be hostile (Twomey & Jennings, 2011). This implies that the individual must possess the land against the right of the real land owner and without the owner’s permission.
References
Mirow, M. C. (2017). The Supreme Court, Florida Land Claims, and Spanish Colonial
Law. –32 Tul. Eur. & Civ. LF, 31, 181.
Oehme, K. (2018). Judicial Expansion of the Public Trust Doctrine: Creating a Right of
Public Access to Florida’s Beaches. Florida State University Journal of Land Use and Environmental Law, 3(1).
Twomey, D.P. & Jennings, M.M. (2011) Anderson’s Business Law and the Legal
Environment. South-Western Cengage Learning.
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