Selling a House With an Adverse Possession Claim in Florida

Adverse possession is a specific legal doctrine under Florida law, distinct from a general boundary dispute or an unauthorized occupant, that can create real complications for a seller if it applies to a property. Understanding the two different ways a claim can arise matters before assuming it does or doesn't affect a specific situation. Here is generally how it works.

What adverse possession actually is

Adverse possession is a legal doctrine under which someone who has openly and continuously possessed real property for a specific period, under a claim of title, may be able to establish a legal ownership interest in that property. Florida law recognizes two distinct paths to this, each with its own specific statutory requirements, and neither happens automatically just because someone has been using part of a property for a long time.

Adverse possession under color of title

Under Florida Statute 95.16, this path requires the occupant to have entered possession under a claim of title founded on a written instrument, judgment, or decree purporting to convey the property, and to have continued that possession for 7 years. For adverse possession commencing after December 31, 1945, the instrument the claim is founded on has to be recorded with the clerk of the circuit court in the county where the property is located. The statute also describes specific ways property is considered "possessed," including cultivation, improvement, or enclosure by a substantial fence.

Adverse possession without color of title

Under Florida Statute 95.18, a claim can also arise without any written instrument at all, but this path has additional, specific requirements the other path doesn't. The person claiming adverse possession must pay all outstanding property taxes and matured special improvement lien installments within 1 year of entering possession, file a return with the county property appraiser using a form provided by the Department of Revenue within 30 days after that, and continue paying taxes for all remaining years needed to complete the 7-year claim. This filing requirement means a claim under this section can potentially be identified through the property appraiser's records, unlike a claim resting entirely on private possession.

What a seller should check

Because these are two genuinely different legal paths with different documentation, confirming whether an adverse possession issue actually exists, and whether it meets Florida's specific requirements, requires reviewing the property's actual title records, any recorded instruments, and the county property appraiser's records for a filed return. This isn't something to assume based on a neighbor using part of a yard for years, or a fence that doesn't match the survey; those situations can be relevant, but whether they rise to a legal adverse possession claim depends on the specific facts and documentation, which a title company or Florida real estate attorney needs to evaluate directly.

Where a sale fits

A potential adverse possession issue can affect a sale and the closing timeline. Whether it needs to be resolved, insured over, disclosed, or otherwise handled for a particular transaction depends on the actual title records and property appraiser filings, the underlying facts, and what the buyer and title insurer require for that specific deal, so this isn't something to assume one way or another. A title company or Florida real estate attorney needs to review the actual situation directly. See our guide on selling a house with a boundary dispute in Florida for a related but distinct situation, where the issue is a discrepancy in the property's physical boundaries rather than a claim of legal ownership through possession.

Frequently asked questions

What is adverse possession in Florida?

Adverse possession is a legal doctrine under which someone who has openly and continuously possessed real property for a specific period of time, under a claim of title, may be able to establish a legal ownership interest in that property. Florida law recognizes two different paths, described in F.S. 95.16 and F.S. 95.18, each with its own specific requirements.

What is the difference between the two types of adverse possession claims in Florida?

Under F.S. 95.16, adverse possession under color of title requires possession founded on a written instrument, judgment, or decree purporting to convey the property, continued for 7 years, with the instrument recorded. Under F.S. 95.18, adverse possession without color of title also requires 7 years of actual, continued possession under a claim of title, but instead requires the person claiming it to pay all outstanding property taxes and special improvement liens within 1 year of entering possession, file a specific return with the county property appraiser within 30 days after that, and continue paying taxes for the remaining years of the claim.

How would a seller find out about an adverse possession claim?

A claim under F.S. 95.18 requires the person claiming adverse possession to file a return with the county property appraiser, which can create a record a property owner or a title search may be able to identify. A claim under F.S. 95.16 depends on an actual recorded instrument, judgment, or decree, which a title search would generally surface. Either way, confirming whether any adverse possession claim exists, and its actual status, requires a title company or Florida real estate attorney reviewing the property's specific records.

What should I do if I suspect an adverse possession issue before selling?

A title company or Florida real estate attorney needs to review the property's title records, any recorded instruments, and the county property appraiser's records for any filed adverse possession return. Whether a claim actually meets Florida's specific statutory requirements, and what it means for a sale, depends entirely on the facts and documentation involved, not a general description like this one.

Dealing with a possible adverse possession issue and considering your options? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Orange County, Lake County, and Marion County. This article is general information, not legal advice. A title company or Florida real estate attorney reviewing the property's actual records is the right resource for confirming what's involved for a specific sale.