Melbourne, FL asked in Real Estate Law, Agricultural Law and Land Use & Zoning for Florida

Q: Do the 7yrs in adverse possession claim in Florida starts the date of actual possession or the date you file the claim?

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

A: The date of actual possession.

You refer to Florida Statute 95.18 Real property actions; adverse possession without color of title (one of the two adverse possession statutes in Florida):

"(1) When the possessor has been in actual continued possession of real property for 7 years under a claim of title exclusive of any other right, but not founded on a written instrument, judgment, or decree, or when those under whom the possessor claims meet these criteria, the property actually possessed is held adversely if the person claiming adverse possession:

(a) Paid, subject to s. 197.3335, all outstanding taxes ... levied against the property ... within 1 year after entering into possession;

(b) Made a return, as required under subsection (3), ... ; and

(c) Has subsequently paid, ... all taxes ... all remaining years necessary to establish a claim of adverse possession.


(3) A person claiming adverse possession under this section must make a return of the property by providing to the property appraiser a uniform return on a form provided by the Department of Revenue. ..."

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