How To Prove A Florida Trespassing – Land Claim

 

 

In Florida, a claim of Trespassing – Land is defined as:

Trespassing is the unlawful entry upon land in the possession of another without permission or authorization or remaining on the land when permission or authorization has been withdrawn.

It simply means:

Entering someone’s private property without permission.

There are 3 elements of the claim:

• Element 1. The defendant caused damages to or made use of plaintiff’s land. The defendant either harmed the plaintiff’s property or used it without permission, which is a key part of proving a trespassing claim.
  

  Facts that might support this element look like:

  * The defendant entered the plaintiff’s property without permission on multiple occasions.
  * The defendant constructed a fence that encroached upon the plaintiff’s land, reducing its usable area.
  * The defendant’s activities on the plaintiff’s property resulted in the destruction of several trees and landscaping.
  * The defendant stored equipment on the plaintiff’s land, causing damage to the soil and vegetation.
  * The defendant’s unauthorized use of the plaintiff’s land interfered with the plaintiff’s ability to enjoy their property.

• Element 2. The defendant had no right or authority over the property when the trespass occurred. For a trespassing claim, it must be shown that the person who entered the property did not have permission or legal authority to be there at the time of the incident.
  

  Facts that might support this element look like:

  * The defendant was not listed as the owner or lessee of the property in any public records at the time of the alleged trespass.
  * The defendant had previously been denied permission to enter the property by the actual owner.
  * The defendant was aware that the property was privately owned and did not have consent to enter.
  * The defendant had no legal interest in the property, such as a lease or easement, at the time of the incident.
  * The defendant was informed by law enforcement to leave the property prior to the trespass occurring.

• Element 3. The plaintiff must have been the owner or rightfully in possession of the land at the time of the trespass. To prove a trespassing claim, the person bringing the case must show that they owned the land or had the legal right to be there when the trespass occurred.
  

  Facts that might support this element look like:

  * The plaintiff purchased the property in question on January 15, 2020, and has maintained ownership since that date.
  * The plaintiff has consistently paid property taxes on the land, demonstrating their rightful ownership and possession.
  * The plaintiff has lived on the property for over five years, establishing their continuous and rightful possession.
  * The plaintiff has a recorded deed that clearly identifies them as the legal owner of the land.
  * The plaintiff has posted “No Trespassing” signs on the property, indicating their intent to control access to the land.

^{(See Winselmann v. Reynolds, 690 So.2d 1325, 1327 (Fla. 3d DCA 1997). Vincent v. Hines, 79 Fla. 564, 84 So. 614, 616 (Fla. 1920). Brown v. Solary, 37 Fla. 102, 19 So. 161 (1896). Florida Statute 810.09.)}
If you’re representing yourself in court and plan to assert a claim of Trespassing – Land, 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 that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your case.

Prove Your FL Trespassing – Land Claim

U.S. Civil Cases Only