What is the period of occupancy to have grounds for adverse possession?
Full Question:
What is the period of occupancy to have grounds for adverse possession?
10/18/2007 |
Category: Real Property ยป Adverse Poss... |
State: Florida |
#10547
Answer:
The applicable Florida statutes are as follows:
95.16 Real property actions; adverse possession under color of title. —
(1) When the occupant, or those under whom the occupant claims, 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, or on a decree or judgment, and has for 7 years
been in continued possession of the property included in the instrument,
decree, or judgment, the property is held adversely. If the property is
divided into lots, the possession of one lot shall not be deemed a
possession of any other lot of the same tract. Adverse possession
commencing after December 31, 1945, shall not be deemed adverse possession
under color of title until the instrument upon which the claim of title is
founded is recorded in the office of the clerk of the circuit court of the
county where the property is located.
(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.
(c) When, although not enclosed, it has been used for the supply of fuel
or fencing timber for husbandry or for the ordinary use of the occupant.
(d) When a known lot or single farm has been partly improved, the part
that has not been cleared or enclosed according to the usual custom of the
county is to be considered as occupied for the same length of time as the
part improved or cultivated.
95.18 Real property actions; adverse possession without color of title. —
(1) When the occupant or those under whom the occupant claims have been
in actual continued occupation 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, the property actually occupied shall be
held adversely if the person claiming adverse possession made a return of
the property by proper legal description to the property appraiser of the
county where it is located within 1 year after entering into possession and
has subsequently paid all taxes and matured installments of special
improvement liens levied against the property by the state, county, and
municipality.
(2) For the purpose of this section, property shall be deemed to be
possessed in the following cases only:
(a) When it has been protected by substantial enclosure.
(b) When it has been usually cultivated or improved.
