Squatters Rights in Florida

Your friend trying to get you arrested for trespassing?

You have to follow conditions to get adverse possession (squatters rights)

Adverse possession - Wikipedia, the free encyclopedia

The basic most states that still follow squatters rights (adverse possession) are
----Prove upkeep, paying taxes and nobody to dispute it.

Adverse possession requires five elements in regards to the possession of the property[1]:

1. Actual possession: its a function of the type of property, location, and uses. Paying taxes may or may not be required as proof. Can also be by “color of title” where the adverse possessor enters by way of a faulty deed (many states reduce the statute for someone claiming color of title). This sometimes results in “constructive possession” although legal owners in actual possession will negate the constructive possession of another.

2. Open and notorious: adverse possessor’s use of the property is so visible and apparent that it gives notice to the legal owner that someone may assert claim. Must be of such character that would give notice to a reasonable person. If legal owner has knowledge, this element is met, although can be also met by fencing, crops, buildings, or animals.

3. Exclusive: adverse possessor holds the land to the exclusion of the true owner.

4. Hostile or adverse: Objective view: used without true owner’s permission and inconsistent with true owner’s rights. Bad faith or intentional trespass view: the adverse possessor’s subjective intent and state of mind. Mistaken possession in some jurisdictions does not constitute a hostility. (An element that is often irrelevant). Good faith view: a few courts have required that the party actually mistakenly believe that it is his/her land.

5. Continuous: adverse possessor must, for statute of limitations purposes, show that property was held continuously for the entire limitations period. Must use as a true owner would for that time. When is the use significant enough to start the running of statute of limitations. This element is focused on adverse possessor’s time on the land, not how long true owner has been dispossessed of it.

In addition, some courts require (by common law or statute): 6. Claim of title or claim of right 7. Good faith or bad faith 8. Improvement, cultivation, or enclosure 9. Payment of property taxes

Often what people presume to be squatters rights is now called trespassing


THEN too many states do not acknowledge squatter rights either but these are the basic rules

Duplicated

http://www.askmehelpdesk.com/real-es...da-250289.html

People are being arrested for Grand Theft and Burglary in Florida lately for attempts to follow the rules for adverse possession. I find it confusing that there is a law for it and people who follow the law are being arrested. Our friend died and left a mortgage of 250000.00 dollars which she was able to get during the housing bubble. The house will be lucky to fetch 50,000.00 on the market today. Her children and heirs are not interested in the house. The house is falling apart now. The roof is leaking, the front gate is falling off its hinges etc. The back yard is a disaster and the door in back is falling off the house. I park a vehicle in the yard so it looks occupied. As good neighbors, we are going to fix up the visible things on the outside that are wrong. My son wants to move in under the adverse possession law. We are worried that he will be arrested. Is there something we can do to avert arrest?

Don't trespass in an attempt to establish adverse possession. It doesn't and never will apply, because adverse possession is for situations of mistakenly thinking the property is yours.

examples of typical AP situations:

• property owner possesses ten feet of the adjoining lot for twelve years. Mows, it, fences it it, etc. Mistake results from an error in survey..
• Grantee in a deed which was signed by the wrong grantor occupies the house for so many years, believing the property belongs to him
• Buyer of property fails to record his deed and, later, seller's mortgage creditor forecloses, gets title to property, and records a deed. Buyer mistakenly occupies what he thinks is his for the requisite number of years.

Also, the period is seven years, but there are two SOLs, (depending upon whether it is "under color of title".). In the mean time trespassing is a crime for which you can be arrested.

2012 Florida Statutes
95.16 Real property actions; adverse possession under color of title.—
(1) When the occupant, or those under whom the occupant claims, entered into possession of real property under a claim of title exclusive of any other right, founding the claim on a written instrument as being a conveyance of the property, or on a decree or judgment, and has for 7 years been in continued possession of the property included in the instrument, decree, or judgment, the property is held adversely. If the property is divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract. Adverse possession commencing after December 31, 1945, shall not be deemed adverse possession under color of title until the instrument upon which the claim of title is founded is recorded in the office of the clerk of the circuit court of the county where the property is located.
...

2012 Florida Statutes
195.18 Real property actions; adverse possession without color of title.—
(1) When the occupant has, or those under whom the occupant claims have, been in actual continued occupation of real property for 7 years under a claim of title exclusive of any other right, but not founded on a written instrument, judgment, or decree, the property actually occupied is held adversely if the person claiming adverse possession made a return, as required under subsection (3), of the property by proper legal description to the property appraiser of the county where it is located within 1 year after entering into possession and has subsequently paid, subject to s. 197.3335, all taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality.
...

A lot of police in Florida are rather shady, in my opinion, and hope that people trying to use Adverse Possession do not know their rights. In general, if you get mail there, the owner has to evict you. They cannot simply order you off their property. If police are called and threaten to arrest you, you can usually get rid of them by knowing your rights. However, should they arrest you, be prepared to fight for those rights. Police are not exactly the smartest people over there, imo. I lived in Florida for 22 years.