Florida Statutes

Fla. Stat. § 95.12 (2025)

Real property actions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 24 cases (3 in the last 5 years), 1953–2024 · leading case: Kempfer v. St. Johns River Water Mgmt., 475 So. 2d 920 (Fla. 5th DCA 1985).

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Kempfer v. St. Johns River Water Mgmt., 475 So. 2d 920 (Fla. 5th DCA 1985). · cites it 8× “The trial court ruled that plaintiffs' causes of action were barred by the statute of limitations, section 95.12, Florida Statutes (1979), sovereign immunity, and failure to sufficiently allege extrinsic fraud.”

Rigby v. Liles, 505 So. 2d 598 (Fla. 1st DCA 1987). · cites it 4× “Appellees assert that the seven year statute of limitation contained in § 95.12 bars the appellants' actions for substantive relief.”

Kitzinger v. Gulf Power Co., 432 So. 2d 188 (Fla. 1st DCA 1983). · cites it 3× “[1] Gulf Power counters by citation to section 95.12, which provides that an "action to recover real property or its possession" may be maintained within seven years after "the person seeking recovery .”

Tarin v. Sniezek, 942 So. 2d 458 (Fla. 4th DCA 2006). · cites it 6× “Tarin proceeded to file a motion for summary judgment on the counterclaim, asserting that since he had been in open, notorious and exclusive possession of the disputed property since 1995, the Sniezeks' counterclaim was foreclosed as a matter of law by section 95.12, Florida…”

McDonald v. Givens, 509 So. 2d 992 (Fla. 1st DCA 1987). · cites it 2× “NOTES [1] Section 95.12, Florida Statutes (1985), provides: "No action to recover real property or its possession shall be maintained unless the person seeking recovery or his ancestor, predecessor, or grantor was seized or possessed of the property within 7 years before the…”

Sembler Marine Partners, Ltd. v. Skidmore, 842 So. 2d 1003 (Fla. 4th DCA 2003). · cites it 2× “See § 95.12, Fla. Stat. (1975). Prior to the institution of these proceedings, Skidmore transferred his property to appellee, Reason, Light and Truth Church Foundation, which made improvements, including repair to the riprap along the river's edge of the disputed parcel, without…”

Richards Enter. v. Swofford, 495 So. 2d 1210 (Fla. 5th DCA 1986). “An example is the running of statutes of limitations against the cause of action for ejectment to recover real property in absentee owners against unknown persons unknown by the plaintiff to be in adverse possession of real property (§§ 95.12 95.18, Fla. Stat.). In most…”

McDonald v. O'Steen, 429 So. 2d 407 (Fla. 1st DCA 1983). “[2] Appellee also raised a statute of limitations defense (§ 95.12, Florida Statutes) and asserted that the action was barred by res judicata since appellants' predecessors had lost an ejectment suit against appellee based on substantially the same allegations.”

Amerada Hess Corp. v. Morgan, 426 So. 2d 1122 (Fla. 1st DCA 1983). · cites it 2× “In our prior decision, we held that the statute of limitations, Section 95.12, Florida Statutes (1963), when considered in connection with Section 95.”

Est. of Johnston v. TPE Hotels, Inc., 719 So. 2d 22 (Fla. 5th DCA 1998). “See Kempfer (section 95.12 does not apply to action for rescission of grant of easement).”

Morgan v. Amerada Hess Corp., 357 So. 2d 1040 (Fla. 1st DCA 1978). · cites it 2× “The first of these is § 95.12, Florida Statutes, which provides as follows: “No action to recover real property or its possession shall be maintained unless the person seeking recovery or his ancestor, predecessor, or grantor was seized or possessed of the property within 7…”

Moore v. Musa, 198 So. 2d 843 (Fla. 3d DCA 1967). “The court further found that the statute of limitations, specifically §§ 95.12 and 95.14, Fla. Stat., F.S.A., was a good and valid defense to the action of ejectment and that the plaintiff was entitled to a judgment as a matter of law.”

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