The Impact of Adverse Possession Laws on Florida Property Owners and Title Services
June 28, 2023
Adverse possession laws can have a significant impact on property owners in Florida, as well as on title services that specialize in conveying title of real estate. By understanding the laws surrounding adverse possession, property owners can better understand their rights and title services can assist customers in navigating the legal terrain.
Adverse possession is a legal doctrine that allows a person to acquire title to land owned by another without the owner's permission or consent. Typically, adverse possession requires that the individual occupying the land has done so for a certain length of time, usually either seven or ten years, depending on the state. In Florida, the required length of time is seven years. During this time, the person occupying the land must be in open, exclusive, and notorious possession of the property, meaning that the individual must be using the property publicly, without the owner's consent, and to the exclusion of all others, particularly the owner.
In order to make a successful claim of adverse possession in Florida, the person must also:
- Be paying taxes on the property
- Have made some sort of permanent improvement to the property
- Have a good faith belief that the property was his or hers to begin with
If all of these elements are present, then the individual may be able to successfully claim the property through adverse possession.
Property owners in Florida should take special care to ensure that their land is not subject to an adverse possession claim. Title services can provide guidance and assistance to property owners in this regard, helping to ensure that they maintain their rights over the property they own. Title services can also help those who wish to make a claim of adverse possession, ensuring that all of the necessary legal requirements are met and documented.
In conclusion, understanding the laws of adverse possession is important for both property owners and title services in Florida. By being aware of the legal requirements for making a successful claim of adverse possession, property owners can take steps to protect their property and title services can assist in the process.