Adverse possession in Florida is a legal doctrine that allows a person to claim ownership of land if they occupy it openly, continuously, and under certain statutory conditions for a set period of time. Historically, adverse possession developed from the same principle as statutes of limitation: land, even if improperly acquired, should not remain in perpetual dispute and should be freely transferable. Although originally a common law doctrine, adverse possession in Florida is now codified by statute and applied through case law.

Two Types of Adverse Possession in Florida

Florida law recognizes two distinct types of adverse possession:

1. Adverse Possession with Color of Title
2. Adverse Possession without Color of Title

1. Adverse Possession with Color of Title

“Color of title” means possession under a written document that appears to convey ownership of land, even if the document is flawed or invalid.

Requirements:

• Possession must last at least seven years.
• The written document must be recorded in the county where the land lies.
• Possession must be continuous and exclusive during the seven-year period.
• The deed or instrument must describe the property accurately and the claim must be made in good faith.

What qualifies as possession?

Florida statutes define possession as:

• Cultivating or improving the land.
• Enclosing it with fences.
• Using it for timber, fencing, or similar purposes.
• Making improvements to a known lot.

Possession can be constructive (extending to parts of land described in the deed even if not physically occupied), but this applies only under color of title.

2. Adverse Possession without Color of Title

Claims without color of title require stricter proof.

Requirements:

• Exclusive and hostile possession for at least seven years.
• Payment of property taxes within one year of entry and for the full statutory period.
• Actual, physical dominion over the property — tax payments alone are not enough.
• Possession must include substantial enclosures, usual cultivation, or permanent improvements.

Burden of Proof and Legal Limitations

Adverse possession must generally be proven with clear and convincing evidence, a higher standard than typical civil cases. Florida courts strictly interpret adverse possession because the law disfavors acquisition of property rights from another without payment.

Limitations:

• Adverse possession cannot be claimed against the State of Florida or its agencies.
• It cannot be asserted against remaindermen (future interest holders) without possession.
• Mortgage holders cannot claim adverse possession unless they have possessed the property for the statutory period.
• However, lien creditors who take an interest during the adverse period may lose out if the claim matures before enforcement.

Actions for adverse possession are also subject to tolling provisions of Florida’s statutes of limitation, meaning certain interruptions may delay or prevent claims.

Trial and Attorney Fees

• Adverse possession claims may be tried by jury trial upon request.
• Plaintiffs must show they meet all statutory requirements; failure to meet any element defeats the claim.
• Florida law does not provide attorney fees for adverse possession, either by statute or case law.

Conclusion: Adverse Possession in Florida

Adverse possession in Florida is a powerful, but narrowly applied, doctrine. To succeed, claimants must meet strict requirements regarding possession, good faith, and (in some cases) tax payments. Property owners should monitor their land carefully to prevent unauthorized occupation from ripening into a legal claim.

If you are facing an adverse possession dispute—whether as a claimant or as a property owner—consult a Florida real estate attorney to protect your rights and clarify your title.

FAQs About Adverse Possession in Florida

1. How long does adverse possession take in Florida?

Seven years of continuous, exclusive possession is required.

2. What is “color of title”?

It refers to a written instrument, such as a deed, that appears to convey ownership, even if defective.

3. Do I need to pay taxes for adverse possession?

Yes, if claiming without color of title. Taxes must be paid within one year of entry and for seven years.

4. Can I claim adverse possession against the State?

No. Adverse possession cannot be asserted against the state or its agencies.

5. Can attorney fees be recovered in adverse possession claims?

No. Florida law does not authorize attorney fees in these cases.

For statutory text, see Florida Statutes Chapter 95 – Limitations of Actions.