Adverse Possession Under Color of Title in Florida (Part 2)

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This is the second part of a three-part series of blogs covering Adverse Possession of real estate in Florida. For the overview blog, please click here.

In the Florida Statutes, there are two different methods of attempt to adversely possess real property: Adverse Possession with Color of Title and Adverse Possession without Color of Title. The first step in an adverse possession claim in Florida is to determine the basis of the adverse possession claim and whether you are filing with or without color of title. Adverse Possession with Color of Title is found in Florida Statute §95.16 while Adverse Possession without Color of Title is found in Florida Statute §95.18. This article will consider Adverse Possession with Color of Title.

In Florida, the basic elements of adverse possession must be met before the elements of adverse possession under color of title are established. Adverse Possession under Color of Title is primarily found in statutory law and these elements must be met in order to establish claim to the real property under color of title:

1.   The occupant of the real property must have entered into possession of the land under a claim of title on a written instrument and has for seven years been in continued possession of the property described in the written instrument.

2.    Possession is defined as:

  1. The land has been cultivated or improved.
  2. The land has been protected by a substantial enclosure.
  3. If not enclosed, the land has been used for the supply of fuel or timber.
  4. When a lot or 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.

Therefore, the key to bringing a claim for Adverse Possession under Color of Title is that the possession of the land is based on some sort of written instrument, not just on the hostile possession of the real property. The person claiming Adverse Possession must have a copy of the written instrument upon which their belief of owning the real property is based.

 

This is a THREE part Article:

To Read Part 1 Click Here

To Read Part 3 Click Here

 

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