Florida Statute 95.12 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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95.12 Real property actions.—No action to recover real property or its possession shall be maintained unless the person seeking recovery or the person’s ancestor, predecessor, or grantor was seized or possessed of the property within 7 years before the commencement of the action.

History.—s. 2, ch. 1869, 1872; RS 1287; GS 1718; RGS 2932; CGL 4652; s. 8, ch. 74-382; s. 521, ch. 95-147.

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Amendments to 95.12

Annotations, Discussions, Cases:

Cases Citing Statute 95.12

Total Results: 20

New Port Largo, Inc., a Florida Corporation, Charles H. Netter and Stuart D. Marr, New Port Largo, Etc. v. Monroe County, a Political Subdivision of the State of Florida, Kenneth Sorensen, Board Member of County Commissioners, Monroe Planning & Zoning, Donald Schloesser, Commissioners Board, Alison Fahrer, Commissioners Board, Curt Blair, Commissioners Board, and George Dolezal, Commissioners Board, Wilhelmenia Harvey, New Port Largo, Inc., Charles H. Netter and Stuart D. Marr, New Port Largo, Etc. v. Monroe County, a Political Subdivision of the State of Florida, Kenneth Sorensen, Etc.

985 F.2d 1488, 1993 U.S. App. LEXIS 4807

Court of Appeals for the Eleventh Circuit | Filed: Mar 17, 1993 | Docket: 841996

Cited 49 times | Published

claim for adverse possession. See Fla.Stat. § 95.12 (real property actions). Because we find that

Rigby v. Liles

505 So. 2d 598, 12 Fla. L. Weekly 1002

District Court of Appeal of Florida | Filed: Apr 10, 1987 | Docket: 1455104

Cited 18 times | Published

seven year statute of limitation contained in § 95.12 bars the appellants' actions for substantive relief

Kempfer v. St. Johns River Water Management

475 So. 2d 920, 10 Fla. L. Weekly 1921

District Court of Appeal of Florida | Filed: Aug 8, 1985 | Docket: 1302231

Cited 14 times | Published

were barred by the statute of limitations, section 95.12, Florida Statutes (1979), sovereign immunity

Kitzinger v. Gulf Power Co.

432 So. 2d 188

District Court of Appeal of Florida | Filed: May 25, 1983 | Docket: 1677482

Cited 9 times | Published

(1981).[1] Gulf Power counters by citation to section 95.12, which provides that an "action to recover real

Estate of Johnston v. TPE Hotels, Inc.

719 So. 2d 22, 1998 WL 601324

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 1351447

Cited 7 times | Published

actions to recover real property. See Kempfer (section 95.12 does not apply to action for rescission of grant

McDonald v. Givens

509 So. 2d 992, 12 Fla. L. Weekly 1721

District Court of Appeal of Florida | Filed: Jul 15, 1987 | Docket: 1361983

Cited 7 times | Published

MILLS and WIGGINTON, JJ., concur. NOTES [1] Section 95.12, Florida Statutes (1985), provides: "No action

Sembler Marine Partners, Ltd. v. Skidmore

842 So. 2d 1003, 2003 WL 1877586

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 2510924

Cited 4 times | Published

for the prescriptive period of seven years. See § 95.12, Fla. Stat. (1975). Prior to the institution of

Turner v. Wheeler

498 So. 2d 1039, 11 Fla. L. Weekly 2629

District Court of Appeal of Florida | Filed: Dec 16, 1986 | Docket: 1699919

Cited 4 times | Published

supplied). Real property actions are governed by Section 95.12, providing that "[n]o action to recover real

Amerada Hess Corp. v. Morgan

426 So. 2d 1122

District Court of Appeal of Florida | Filed: Feb 3, 1983 | Docket: 1683696

Cited 4 times | Published

decision, we held that the statute of limitations, Section 95.12, Florida Statutes (1963), when considered in

Simonetti Development, LTD. v. Hillard Development Corp. (In Re Hillard Development Corp.)

238 B.R. 857, 42 Collier Bankr. Cas. 2d 1017, 52 Fed. R. Serv. 1028, 1999 Bankr. LEXIS 953

United States Bankruptcy Court, S.D. Florida. | Filed: Aug 4, 1999 | Docket: 1638560

Cited 3 times | Published

11(2)(b) (action on a federal judgment) with id. § 95.12 (real property actions). This summary judgment

New Port Largo, Inc. v. Monroe County

985 F.2d 1488, 1993 WL 52521

Court of Appeals for the Eleventh Circuit | Filed: Mar 17, 1993 | Docket: 66280278

Cited 3 times | Published

state claim for adverse possession. See Fla.Stat. § 95.12 (real property actions). Because we find that NPL’s

Wernle v. Bellemead Development Corporation

308 So. 2d 97

Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 1252042

Cited 2 times | Published

possession of either [Appellee] or [Appellants]." Section 95.12, Florida Statutes, provides that no action for

Tarin v. Sniezek

942 So. 2d 458, 2006 WL 3422112

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 1737126

Cited 1 times | Published

counterclaim was foreclosed as a matter of law by section 95.12, Florida Statutes (2006). The Sniezeks responded

Padron Warehouse v. Realty Associates Fund III

377 F. Supp. 2d 1259

District Court, S.D. Florida | Filed: Jul 14, 2005 | Docket: 2228947

Cited 1 times | Published

seven-year statute of limitations, see Fla. Stat. § 95.12 (recovery of real property). I agree with Realty

Shawn M. Daugherty v. Robert Neil McDavid

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848306

Published

they argued that the action was barred by section 95.12, Florida Statutes, and section 95.11(3)(p),

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 68034255

Published

Marlowe’s claim against them was time-barred under section 95.12, Florida Statutes (2004). Lastly, Marlowe

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

District Court of Appeal of Florida | Filed: Jul 14, 2023 | Docket: 68034255

Published

claim against them was time- barred under section 95.12, Florida Statutes (2004). Lastly, Marlowe

Padron Warehouse Corp. v. Realty Associates Fund III, L.P.

377 F. Supp. 2d 1259, 2005 U.S. Dist. LEXIS 18462, 2005 WL 1691898

District Court, S.D. Florida | Filed: Jul 14, 2005 | Docket: 65970098

Published

seven-year statute of limitations, see Fla. Stat. § 95.12 (recovery of real property). I agree with Realty

Daugherty v. Sarasota County

157 F.R.D. 542, 1994 U.S. Dist. LEXIS 21677, 1994 WL 515521

District Court, M.D. Florida | Filed: Sep 20, 1994 | Docket: 66312350

Published

limitations, as specified in Florida Statutes § 95.12. However, as clarified in other sections of Florida

Morgan v. Amerada Hess Corp.

357 So. 2d 1040, 1978 Fla. App. LEXIS 15792

District Court of Appeal of Florida | Filed: Apr 6, 1978 | Docket: 64564070

Published

McMillan. The statute of limitation specified in § 95.-12, Florida Statutes, bars appellants’ action against

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 95 in the context of civil statutes of limitations and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.