Adverse possession in Florida requires seven years of continued possession under either section 95.16, based on a recorded deed or judgment (color of title), or section 95.18, without color of title. The second route also requires paying the property taxes and filing a return with the property appraiser, who must notify the owner of record.
Adverse possession is the legal doctrine that allows someone who openly occupies land for long enough, under the right conditions, to gain title to it. In Florida it is real but narrow. The statutes require seven years of possession and, for most claimants, payment of the property taxes and a formal filing with the county property appraiser. This article is the detailed companion to the short overview on our real estate litigation page, and part of our real estate law library.
What are the two routes to adverse possession in Florida?
| With color of title (section 95.16) | Without color of title (section 95.18) | |
|---|---|---|
| Basis of the claim | A written instrument that purports to convey the property, or a judgment or decree | No written instrument, judgment or decree |
| Length of possession | 7 years of continued possession | 7 years of actual continued possession |
| Taxes | No separate tax filing requirement in section 95.16 | Pay outstanding taxes and matured special improvement liens within 1 year of entering possession, then keep paying |
| Filing with the property appraiser | None in section 95.16 | A return filed within 30 days after the initial tax payment |
| What counts as possession | Cultivated or improved, protected by a substantial enclosure, and other uses listed in the statute | Protected by a substantial enclosure, or cultivated, maintained or improved in a usual manner |
What is color of title?
Color of title means the claimant holds a document that looks like it conveys the property but is defective for some reason, such as a deed from someone who did not actually own the land, or a judgment that turns out to be flawed. Under section 95.16, a person who entered into possession under such an instrument and continued in possession for seven years holds the property described in it adversely. For possession that began after December 31, 1945, the instrument must have been recorded in the county where the property is. Possession of one lot in a subdivided tract does not count as possession of the other lots.
Color of title claims often arise from errors in the chain of title rather than from deliberate trespass. A boundary described differently in two deeds, or a deed signed by only one of two owners, can set one up.
How does adverse possession without color of title work?
This is the route most people picture: someone occupies land with no deed at all. Florida makes it demanding on purpose. Section 95.18 requires:
- Seven years of actual, continued possession under a claim of title that is not based on a written instrument, judgment or decree.
- Payment of taxes. Within one year of entering possession, the claimant must pay all outstanding taxes and matured installments of special improvement liens on the property.
- A return with the property appraiser, filed within 30 days after making that initial payment, on the uniform form the Department of Revenue prescribes.
- Continued tax payments for all remaining years needed to reach seven years of possession.
- Qualifying use. The land must have been protected by a substantial enclosure or cultivated, maintained or improved in a usual manner.
What goes into the property appraiser return?
Section 95.18(3) lists what the return must contain: the claimant's name and address, the date possession began, a full and complete legal description, a description of how the property is used, the dates of the tax and assessment payments, and an attestation under penalty of perjury. The first page must carry a notice, in bold capital letters, that the return does not create any enforceable interest in the property. The property appraiser must refuse a return that does not comply.
If the claim covers only part of a parcel, section 95.18(5) requires the legal description to identify that portion, and the property appraiser may refuse the return and require a survey if it cannot be identified.
If you have received notice of an adverse possession return or are weighing a claim of your own, schedule a free consultation and bring the notice, the deed and any survey you have.
Will the owner be told about a claim?
Yes. Under section 95.18(4), when a return is submitted the property appraiser must send a copy to the owner of record, inform the owner that tax payments the owner makes before April 1 of the year after the assessment take priority over the claimant's, add a notation to the tax roll, and keep the return on file. Section 95.18(8) also requires the return to be noted in the parcel information on the property appraiser's public searchable database.
How do owners protect themselves?
- Pay your property taxes on time. Under section 95.18(7), the property appraiser must remove the notation and the return if the owner or the tax collector shows that the owner paid the annual tax during the claimed period.
- Watch your mail and the property appraiser's records for a notice of a return, especially on vacant land or property you do not visit often.
- Inspect and document. Visit the property, keep fences and boundaries clear, and get a current survey if a neighbor's use concerns you.
- Respond to encroachments early. A written objection, a recorded agreement or, when needed, a lawsuit addresses the problem before years pass.
- Remember the seven year window for owners, too. Section 95.12 provides that an action to recover real property must be brought by someone who was seized or possessed of the property within seven years before the action began.
Section 95.18(7) also requires removal of the return if the claimant withdraws it in writing, if the owner provides a certified court order entered after the return establishing title in the owner, or if a deed from the claimant to the owner is recorded.
Are squatters the same as adverse possessors?
Not in Florida's current law. Section 95.18(9) makes it trespass to occupy or attempt to occupy a residential structure solely on an adverse possession claim before filing the return, and section 95.18(10) makes it theft to occupy a residential structure solely on such a claim and offer it for lease to someone else. Separately, section 82.036 allows the owner of residential property, or the owner's agent, to ask the sheriff to remove people who entered unlawfully and are living there, if they are not current or former tenants, not immediate family, and no litigation between the owner and the occupants is pending. The owner files a verified complaint on the statutory form. Disputes with someone who was a tenant follow the landlord and tenant process instead, described on our landlord and tenant law page.
How does adverse possession connect to quiet title?
Meeting the statutory conditions is only part of the story. To turn a claim into marketable title, or to clear a claim off an owner's title, the parties usually need a court judgment. A quiet title action under chapter 65 lets either side ask the court to determine title, and section 65.061 allows a jury trial on the ejectment issue when a defendant is in actual possession. Courts look closely at every element, and claimants bear the burden of proving them. A deed with defects can also set the stage for a claim, which is one reason our article on quitclaim deeds in Florida stresses getting the formalities right.
Where can I get help?
We represent owners and claimants in title disputes, and Broward County property owners can meet with us at our Fort Lauderdale office. We will review the deeds, surveys and tax records with you and explain your options before you decide on a next step.
David Cannady is the founding partner of Cannady & Associates. A former Florida prosecutor, he was admitted to The Florida Bar in 2014 and earned his J.D. at Florida State University College of Law.
This article is general information about Florida law, not legal advice for your situation. Laws change; talk to a lawyer about your facts.
