Adverse Possession Florida: Law, Requirements & Rights

In Florida, property disputes can arise when you least expect them. One of the most surprising and financially damaging issues is adverse possession. This legal doctrine allows someone who doesn’t own your land to eventually claim legal ownership if they meet the right conditions under Florida adverse possession law.

Our real estate litigation attorneys at Southron Firm, P.A. have seen firsthand how quickly these cases escalate, especially when property owners don’t act fast. Whether you’re a homeowner, investor, or business owner, protecting your property rights is critical. We approach adverse possession cases with fearless advocacy and a results-driven strategy, fighting to defend ownership rights and achieve the best outcome for our clients.

Your property is worth protecting.

What Is Adverse Possession?

Adverse possession is a legal rule that lets someone who doesn’t own a property eventually gain legal ownership if certain conditions are met over time. In Florida it’s not rare , especially with vacant lots, investment properties, and land that appears unused.

Here are a few real-life examples of how it happens:

• A neighbor puts up a fence that extends onto your land and leaves it there for years.
• Someone moves onto a vacant lot and starts paying property taxes on it.
• An investor takes control of what looks like abandoned property and makes improvements.

Under Florida Statutes Section 95.18, the law spells out exactly what’s required for a claim. Put simply: if the rightful owner doesn’t step in, the person in possession can eventually gain rights to the property. And once those rights are established, you could lose legal ownership, even if you’ve held the deed for years.

The Legal Elements of Adverse Possession in Florida

Not every case of someone using another person’s land will qualify as adverse possession. To succeed, the person claiming ownership must prove specific legal elements. Florida courts take these requirements seriously, and missing even one usually means the claim will fail.

These are commonly known as the five requirements for adverse possession:

1. Actual Possession: The person must physically occupy or use the property. This might include building on it, farming it, or making improvements that show control over the land.
2. Open and Notorious Possession: The occupation can’t be secret. It must be obvious enough that the true owner—or any reasonable person—would notice someone else using the property.
3. Hostile Possession: “Hostile” doesn’t mean violent. It simply means the person does not have the owner’s permission to be there.
4. Continuous Possession: The use must be consistent and uninterrupted for seven years in Florida. Temporary or occasional use isn’t enough.
5. Exclusive Possession: The property must be controlled by the possessor alone, not shared with the owner or the public.

Meeting all five requirements is difficult, but not impossible. These cases often turn on evidence such as tax records, property surveys, photos, or testimony from neighbors. For property owners, that means a strong defense is possible—but only if you act quickly once you learn someone else is using your land.

If you have questions about adverse possession or believe someone may be claiming your property, it’s important to consult with an experienced Florida real estate attorney. An attorney can review the specifics of your situation, gather the necessary evidence, and help you take immediate steps to protect your property rights.

Adverse Possession With vs. Without Color of Title

Not all adverse possession claims are the same. Florida law distinguishes between claims made with color of title and those without, and the type of claim can affect how the law applies and what evidence is needed. Understanding the difference is essential for protecting your property rights.

Florida law recognizes two types of adverse possession claims including:

1. With Color of Title: The person claiming the property has a deed or written document that appears to give them ownership, but it’s legally defective. This type of claim usually requires less evidence to prove, since the document suggests ownership.
2. Without Color of Title: The possessor has no deed or official document. They occupy the land openly, pay property taxes, and may file required paperwork with the county to assert a claim. These cases typically require stricter proof of the five adverse possession requirements.

Both types of claims can lead to the transfer of legal ownership if the rightful owner does not act. Determining whether a claim is with or without color of title often requires a review of deeds, tax records, and county filings. Other factors such as how long the property has been occupied, whether taxes were paid, and whether improvements were made also play a key role. 

Time is critical—defend your property now.

How to File for Adverse Possession in Florida

Filing for adverse possession in Florida requires following strict legal procedures to ensure the claim is valid. Understanding the necessary steps is critical, especially for claims without color of title, where missing a requirement can invalidate the process. This guide outlines exactly what needs to be done to file correctly under Florida law.

For claims without color of title, the key steps include:

1. Continuous Occupation for Seven Years: The claimant must physically occupy the property continuously for seven years. This occupation must be open, notorious, and exclusive.
2. Pay Property Taxes: During this period, the claimant must pay all applicable property taxes on the land. This demonstrates commitment and good faith to the courts.
3. File a Return with the County Property Appraiser: Within one year of taking possession, a return must be filed with the county property appraiser. This makes the claim public and ensures compliance with Florida law.
4. Gather Supporting Evidence: Supporting documentation—such as tax receipts, photographs, witness statements, or records of improvements—helps establish the claim and strengthens the case.
5. File the Legal Action: After meeting the above requirements, a formal legal action may be filed to request the court recognize ownership through adverse possession.

It’s important to note that filing creates a public record, so property owners should monitor county records for any filings on their land. Delays or mistakes can strengthen another party’s claim, making timely and accurate filings essential.

At Southron Firm, P.A., we guide clients through every step of this process, ensuring filings meet all legal requirements, supporting documentation is properly collected, and deadlines are met. Our goal is to help clients assert their rights confidently and protect their property under Florida adverse possession law.

Can Adverse Possession Be Challenged in Florida?

Yes—adverse possession claims can be challenged, and acting early is key to protecting your property. Many claims fail because the rightful property owner takes action before the possessor meets all legal requirements.

Common ways to challenge a claim include:

• Showing the possessor did not meet all five legal elements of adverse possession.
• Proving the occupation was not continuous or exclusive for the required seven-year period.
• Demonstrating that property taxes were not paid properly or on time.
• Taking steps to remove trespassers and reassert ownership rights through formal notices or legal action.

Once the statutory period passes and all elements are met, successfully challenging a claim becomes significantly more difficult—sometimes impossible. That’s why consulting an experienced Florida real estate attorney immediately can make all the difference in defending your property rights.

Why Work With Adverse Possession Lawyers?

Adverse possession cases in Florida are complex. They often involve title disputes, property surveys, tax records, and conflicting accounts of land use. Attempting to handle these disputes without legal guidance can put your property rights at serious risk.

At Southron Firm, P.A., our attorneys have handled adverse possession disputes across Florida. We’ve represented both property owners defending against claims and individuals asserting rights under adverse possession law. In one recent case, we helped a Tampa property owner stop a neighbor from acquiring part of their lot after building a fence that crossed the property line. By acting quickly, we preserved the client’s ownership and avoided years of litigation.

When you work with our team, you benefit from:

• Expert knowledge of Florida adverse possession law and local property rules.
• Aggressive protection of your property rights from the start.
• Thorough review of deeds, tax records, and property surveys to build a strong case.
• Clear guidance and proven results whether defending against claims or asserting your rights.

Adverse possession can quietly strip property rights if ignored. Whether you’re a landowner worried about losing property or someone seeking clarity on your legal rights, the best step is to get experienced legal guidance. At Southron Firm, P.A., we provide straightforward advice, fearless advocacy, and results you can trust.

Don’t let adverse possession take your property.

Frequently Asked Questions