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View Full Version : What are rights of sqatters in Florida?


sundaylark
Apr 3, 2009, 02:52 PM
How would one search public records for abandoned property - buildings, land, homes?

N0help4u
Apr 3, 2009, 03:23 PM
Hope these helps

http://en.wikipedia.org/wiki/Adverse_possession


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: it's 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

Fr_Chuck
Apr 3, 2009, 09:29 PM
You are not going to just move into a empty house and live there long enough to claim it, In fact you will most likely end up either in jail or evicted.

The simple fact there are no squaters rights, the only real use of the law today is for those boarder line where your drive way turns out to be on someone else's property, or your fence was in the wrong place for the last 15 years and so on.

Next there is no report of empty houses, and if you actually move into one, pay the taxes for 4 or 5 years and fix it up, you get nothing back when the owners discover it.

N0help4u
Apr 5, 2009, 06:25 AM
You can check with your city county bldg records. You can also check with the many foreclosure sights on the internet
But as Fr_Chuck said you can not simply move in an abandoned house.
Most people that can claim squatters rights are more like heirs that take over a place when the owner dies and they have been in the house for years and nobody claims it.
Still then you have to follow the above list I previously posted.

excon
Apr 5, 2009, 08:01 AM
Hello S:

Abandoned property isn't listed anywhere.

excon