What is adverse possession, and how does it work in Florida?

Adverse possession is a long-term trespasser’s right to assume ownership of the property they occupy. The doctrine of adverse possession gives an individual who has publicly taken control of and improved an otherwise neglected property an opportunity to be granted title to the property.

Under Florida law, a person must openly occupy a property for seven years and use it in a manner – such as living in an abandoned home – that conflicts with the owner’s claim on the property. The person may then be said to hold the property adversely to the true owner. Real property is considered adversely possessed by the occupant if they have improved it, used it as an owner ordinarily would, or they have protected it by enclosing it.

A party who takes adverse ownership of a piece of real estate may assume adverse possession under color of title or adverse possession without color of title. In addition to the conditions above, to claim adverse possession under color of title, the occupant must show the Florida Department of Revenue that their claim of title to the property is based on a recorded written document and that they genuinely believe this document to be the correct, legal claim of title.

To claim adverse possession without color of title, the occupant must work with the local county appraiser and the state Department of Revenue to establish their claim. This requires completing the Florida Department of Revenue’s Adverse Possession form, DE-452, and filing it with the property appraiser in the county where the property is located within one year after taking possession of the property and paying all taxes and liens against the property. This puts the notice of adverse possession in the public venue. The property appraiser is then required to notify the owner of record of the adverse possession claim.

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