Miami, FL asked in Land Use & Zoning for Florida

Q: I am in Florida. When i bought my house the property was fenced. This occurred in 1993. A person moved behind me and has

Lived there since 2013, but never said a word. Now, after cutting all the plants she had, she claims part of my fence was in her property. I paid for a survey and indeed a portion is, which means i would have to tear all lighting, palms, etc. Does the adverse possession law apply since she never mentioned to me anything since 2013 and i bought my house as is? My house was build a year prior to hers.


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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Real Estate Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Probably, yes. Florida Statute 95.16 provides as follows (in pertinent part):

"Real property actions; adverse possession under color of title.—

(1) When the occupant, ... entered into possession of real property under a claim of title exclusive of any other right, founding the claim on a written instrument ... as being a conveyance of the property, ... and has for 7 years been in continued possession of the property included in the instrument, ..., the property is held adversely. ... [if]... the instrument ... is recorded ... .

(2) For the purpose of this section, property is deemed possessed in any of the following cases:

(a) When it has been usually cultivated or improved.

(b) When it has been protected by a substantial enclosure. All land protected by the enclosure must be included within the description of the property in the written instrument, judgment, or decree. If only a portion of the land protected by the enclosure is included within the description of the property in the written instrument, judgment, or decree, only that portion is deemed possessed. ..."

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