How To Prove A Florida Adverse Possession Claim
In Florida, a claim of Adverse Possession is defined as:
The doctrine that enables a person in open, continuous and active possession of a property, under the ownership of another party, to acquire valid title to land after a defined amount of time has passed.
It simply means:
A party can acquire property that isn’t legally theirs, without paying, if they have openly occupied for a certain length of time.
There are 5 elements of the claim:
- Element 1. The plaintiff has actual physical possession of land. The plaintiff must be physically present on the land they claim, meaning they are using or occupying it in a way that shows they are treating it as their own, rather than just visiting or having a temporary presence.
Facts that might support this element look like:
* The plaintiff has maintained a garden on the property for over five years, demonstrating continuous use and care.
* The plaintiff has installed a fence around the property, clearly marking the boundaries and asserting control over the land.
* The plaintiff has paid property taxes on the land for the past three years, indicating ownership and responsibility.
* The plaintiff has regularly accessed the property for personal use, including hosting gatherings and maintaining the landscape.
* The plaintiff has made significant improvements to the property, such as building a shed and landscaping, which are visible to the public. - Element 2. The plaintiff’s possession of the land is open and notorious. The plaintiff’s possession of the land is open and notorious means that they are using the land in a way that is obvious to everyone, so much so that the true owner should be aware of it and could take action if they wanted to.
Facts that might support this element look like:
* The plaintiff has maintained a visible garden on the property for over five years, clearly indicating their use of the land.
* The plaintiff has regularly hosted community events on the property, drawing attention from neighbors and passersby.
* The plaintiff has installed a fence around the property, marking its boundaries and demonstrating exclusive control.
* The plaintiff has made significant improvements to the property, such as building a shed and landscaping, which are easily observable.
* The plaintiff has consistently paid property taxes on the land, further establishing their claim of ownership and possession. - Element 3. The possession is adverse (against the landowner’s interest). The possession is considered adverse when the person using the land does so without the owner’s permission, acting as if they own it, which goes against the interests of the actual landowner.
Facts that might support this element look like:
* The claimant has openly maintained a garden on the property for over ten years without the landowner’s permission.
* The claimant has installed a fence that encroaches on the landowner’s property line, clearly marking their use of the land.
* The claimant has consistently paid property taxes on the disputed area, demonstrating their claim of ownership.
* Neighbors have observed the claimant using the property for personal activities, indicating a clear assertion of control.
* The landowner has not taken any legal action to remove the claimant from the property during the entire period of possession. - Element 4. The possession is under claim of right. “The possession is under claim of right” means that the person using the property believes they have a legitimate reason to do so, acting as if they own it, even if they don’t have formal ownership documents.
Facts that might support this element look like:
* The claimant has continuously occupied the property for over 15 years, believing it to be theirs based on a prior family agreement.
* The claimant has made significant improvements to the property, including building a fence and landscaping, under the assumption of ownership.
* The claimant has paid property taxes on the land for several years, demonstrating a belief in their right to possess it.
* Neighbors have acknowledged the claimant’s use of the property and have not contested their possession during the entire period.
* The claimant has openly used the property for personal and agricultural purposes, without any secretive or hidden actions. - Element 5. The possession is continuous and exclusive for a set statutory period of at least seven years. To claim adverse possession, a person must have continuously and exclusively used someone else’s land for at least seven years, meaning they treated it as their own without permission and without interruption during that time.
Facts that might support this element look like:
* The claimant has maintained a fence around the property for over seven years, clearly marking the boundaries of their possession.
* The claimant has regularly mowed the lawn and maintained the landscaping on the property during the entire statutory period.
* The claimant has paid property taxes on the land for the last seven years, demonstrating a claim of ownership.
* The claimant has made significant improvements to the property, including building a shed and installing a driveway, over the past seven years.
* Neighbors have consistently recognized the claimant as the owner of the property for at least seven years, further supporting the exclusivity of possession.
(See Downing v. Bird, 100 So. 2d 57 (FL Supreme Court 1958).)
If you’re in court without a lawyer and plan to assert a Claim of Adverse Possession, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex legal process effectively.
Prove Your FL Adverse Possession Claim
U.S. Civil Cases Only