Q: in Florida can a new buyer of property file an adverse possesion claim based on decades of use by former owners?
property has a small strip of land between the access road and its border that is owned by property across the road. former owners have not realized the situation for decades and used it as if they owned it to access the property. Can I as a new buyer use this long history to file AP?
A:
Probably not. The adverse possession statute requires continuous and notorious use (which would likely by exclusive use, otherwise it may be considered an easement) AND payment of the real estate taxes for 7 years, AND the filing (to start the 7 year clock) of a "RETURN" - which is a form given to the tax collector that states that you are paying the tax on the subject parcel and you are not the owner.
If this was not done by the prior owner, then you took no more nor less than what he had to transfer and sell to you.
A: I agree with Attorney Zaretsky. Not likely under this scenario. I suggest that you consult with a real estate attorney in your area to get a full evaluation as this drive way issue will likely become a problem in the future. Sharpe’s drive ways after develope issues neighbor to neighbor.
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