Hello, My friend has some property (20 acres) and he is going to allow us to purchase and bring in a pre-manufactured "cabin". However, he doesn't want us to be able to claim squatters rights in the future, and we don't want to. Can he do anything to insure he is protected from us being able to claim this in the future? If we need to sign something we would be happy to, we just want to make sure his concerns are relieved.

I believe we could sign it over to him with a bill of sale, but was hoping to be able to retain some type of ownership in case something happened to him or whatever.

Florida does have a squatters rights law but it mostly pertains to occupying something without the owners possession. Have an attorney draft a contract with the items that concern both parties , sign it and then file it with the county or city where located. It is and will be a binding obligation.

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Originally Posted by Ridgeback

Hello, My friend has some property (20 acres) and he is going to allow us to purchase and bring in a pre-manufactured "cabin". However, he doesn't want us to be able to claim squatters rights in the future, and we don't want to. Can he do anything to insure he is protected from us being able to claim this in the future? If we need to sign something we would be happy to, we just want to make sure his concerns are relieved.

I believe we could sign it over to him with a bill of sale, but was hoping to be able to retain some type of ownership in case something happened to him or whatever.

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First, he should rest assured that it would be impossible for you to "claim sqautters rights" under these circumstances. Adverse possession, what he is thinking about, requires that you prove you occupied the property under the mistaken belief it was yours. Normally it is used in a boundary dispute when one party thought a particuar portion of his property was covered by his deed but it wasn't. Or if he claims the whole property although his deed was somehow defective.

But in any case, a simple letter, signed by the both of you, explaining the arrangement, would suffice.

Consider the possibliities and provide for them. The letter should clearly state that you are to leave when he no longer wants you on the property, what notice (how much time) he should have to give you, etc. Do you want to be able to keep the building when you are asked to leave his property? It should discuss that eventuality. If you leave stuff behind when you leave, it should specify whether he can dispose of it, or what.

Remember, this document may very well be all his heirs, or your heirs, has to go on, so provide what will happen when you, an he, die.

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Originally Posted by AK lawyer

...Adverse possession, what he is thinking about, requires that you prove you occupied the property under the mistaken belief it was yours. Normally it is used in a boundary dispute when one party thought a particuar portion of his property was covered by his deed but it wasn't. Or if he claims the whole property although his deed was somehow defective.

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On what statute or case law is this based? According to my reading of Florida Statute 95.18 color of title is not required as long as the possessor fulfills the other requirements of adverse possession and pays the taxes on the property within one year of possession and thereafter.

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Originally Posted by LisaB4657

On what statute or case law is this based? According to my reading of Florida Statute 95.18 color of title is not required as long as the possessor fulfills the other requirements of adverse possession and pays the taxes on the property within one year of possession and thereafter.

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"95.18 Real property actions; adverse possession without color of title.—(1) When the occupant 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 shall be held adversely if the person claiming adverse possession made a return 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 all taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality.
... "

The critical portion of this statute is "under a claim of title exclusive of any other right,. ". OP would have no claim of title under the facts given to us. One cannot simply squat down on a piece of property like a 16th Century colonist (even then, they received title from a magnate who in return had received a grant from a European monarch) and, after a while simply own it. But, 25 years from now, the different parties may have different recollections of what was said. So, I guess, the OP's friend who owns the land may have a valid point and should get something in writing.

One would, as I say, normally be claiming under "color if title" (meaning a written document), as addressed in this particular section. But there are other possibilities: belief that one inherited it, for example, or the belief that the land was a gift. I was simply giving OP a few examples, both of which happened to include a color of title.

I agree that a personal contract is what you need, not something drafted by a lawyer.
I also agree that you have a lot to think about what goes in that contract, if either party dies, if he needs to sell, if fire or hurricane, and do you have permits in place, septic etc, if required? Zoning? His property tax will go up if he as any; who's going to pay that? Are you allowed to rent it out? Give it away or sell it?

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Originally Posted by AK lawyer

"95.18 Real property actions; adverse possession without color of title.—(1) When the occupant 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 shall be held adversely if the person claiming adverse possession made a return 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 all taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality.
..."

The critical portion of this statute is "under a claim of title exclusive of any other right, ...". OP would have no claim of title under the facts given to us. One cannot simply squat down on a piece of property like a 16th Century colonist (even then, they received title from a magnate who in return had received a grant from a European monarch) and, after a while simply own it. But, 25 years from now, the different parties may have different recollections of what was said. So, I guess, the OP's friend who owns the land may have a valid point and should get something in writing.

One would, as I say, normally be claiming under "color if title" (meaning a written document), as addressed in this particular section. But there are other possibilities: belief that one inherited it, for example, or the belief that the land was a gift. I was simply giving OP a few examples, both of which happened to include a color of title.

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Apparently this is why there are and always will be attorneys. My reading of the statute is quite different from yours. One CAN "...simply squat down on a piece of property like a 16th Century colonist ...and, after a while simply own it." That was always one of the main purposes of adverse possession. The public policy was that land was to be used, or exploited, and if the owner was not going to use it then someone else would eventually be rewarded with ownership if they used it and fulfilled the rest of the law's requirements.

The words you highlighted in the statute included "claim" of title, not "color" of title. A claim of title can merely be "I have decided that I want it so I've used it and taken care of it and now it's mine." The requirement for color of title was a relatively recent addition and is not required in all states. The title of the statute contributes to this as well, since it allows ownership of property without color of title.

Of course I don't expect that you'll agree.

Thanks to all of you for your responses. In reading this, I'm still confused lol. However, if we have a personal contract so that everything is outlined that should protect the property owner correct?

Let me add a few details based on your responses that may or may not apply to 95.18:

• I will be maintaining the cabin of any improvements or repairs
• I will NOT be paying property taxes (at least directly, I would pay him the difference in cash)
• I will only be using the cabin one weekend a month (average) so it wouldn't be "continued occupation" I don't believe.

Sorry if this was confusing.

All you have to do is prepare a piece of paper that says that your friend is giving you permission to place your cabin on his property. The paper should also state the rest of your agreement; namely, that you are responsible for the upkeep of the cabin but not responsible for paying the taxes. It would also be a good idea to include some other provisions, such as that you will leave the property within 30 days after his request, that you're not responsible for any payment for use of the property, things like that. Then both of you sign it. Sign two copies so that each of you has an original.