[JenineDArey]

Looking for the easiest ways to cite real estate law? Looking for squatters right law to be specific. School project... thanks:)

[N0help4u]

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: 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

Not sure of where to get Florida specific law.

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


Here is a link to the many questions and replies here on this

https://www.askmehelpdesk.com/search...archid=2951045

Am looking for a site on citing to add...