Adverse possession is a legal concept that enables someone to claim ownership of real property even if they don’t legally own it. There are certain conditions that must be met in order for it to occur.
In Florida, there are numerous ways you might encounter an adverse possession issue:
- Rental and Vacation Properties: There are many rental and vacation properties that are owned by people who don’t live in the area. This provides ample opportunity for those who are familiar with these laws to try and take advantage of them to gain ownership of a property. This is a very common scenario where adverse possession claims are litigated in Florida.
- Abandoned Properties: Often times, a squatter moves in to an abandoned property and starts making improvements to it, such as making repairs, and overall maintaining the property as their own. This person might try and take advantage of adverse possession laws to acquire title to the property.
- Boundary Dispute: This is probably the most common form of adverse possession claim we see. This occurs, for example, when someone puts a fence up, but comes to find out that fence is actually five (5) feet or so on their neighbor’s property. However, if they have been maintaining their side of the fence (which is partially on their neighbor’s property) and treating it as their own (for the required amount of time), this person might have a claim for adverse possession.
Key elements of adverse possession in Florida
Several elements must be proven for a successful adverse possession claim in Florida:
- Hostile possession: The possession must be against the interests of the true owner. It doesn’t mean the person staying in the property has ill intent, but rather that they are occupying the property without permission.
- Actual possession: The person claiming adverse possession must physically occupy and control the property.
- Open and notorious possession: The occupation must be obvious to anyone, including the true owner. It can’t be hidden or secretive.
- Continuous and uninterrupted use: The possessor must occupy the property continuously for seven (7) years without significant interruption.
- Payment of property taxes: The person claiming adverse possession must pay property taxes on the land during the seven-year period.
Adverse possession can be a complex legal issue, and this information just touches on a baseline overview of what it actually is. However, generally staying informed and vigilant can help property owners avoid losing their land. Regularly inspecting the property and ensuring taxes are paid can significantly reduce the risk of an adverse possession claim. If an adverse possession claim is made, having someone to assist with the matter may help the property owner to protect their investment. Here at Corey Szalai Law, PLLC, we have extensive experience with adverse possession claims, both from a claimant and defense standpoint. Call today to set up your consultation to see how we can help you.