What is an adverse possession claim?

Adverse possession is a legal doctrine that grants ownership of property to someone who has continuously used and occupied it for a period of time, usually more than 7 years. It is a method of legally acquiring land from someone other than the legitimate owner. In Florida, an adverse possession claim must meet certain criteria. The claimant must be in open, notorious, hostile, and exclusive possession of the property for a continuous period of 7 years. The claimant must pay all taxes on the property throughout the 7-year period of possession. Additionally, the claimant must prove that the land was abandoned or neglected by its legal owner. The Florida Supreme Court also requires that the claimant must intend to own the property and demonstrate an attitude of ownership, such as building a fence or paying taxes on it. If a party is successful in their claim, they can acquire the legal title to the property, or ownership rights. Adverse possession in Florida is a complex legal process, and it is important to consult with an attorney who is well-versed in real estate law before filing a claim. Knowing the potential risks and ramifications of an adverse possession claim may help the parties involved make an informed decision about their legal options.

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