Florida Statutes
Fla. Stat. § 95.13 (2025)
Real property actions; possession by legal owner presumed.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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95.13 Real property actions; possession by legal owner presumed.—In every action to recover real property or its possession, the person establishing legal title to the property shall be presumed to have been possessed of it within the time prescribed by law. The occupation of the property by any other person shall be in subordination to the legal title unless the property was possessed adversely to the legal title for 7 years before the commencement of the action.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1954–2023 · leading case: Wilson v. Tanner, 346 So. 2d 1077 (Fla. 1st DCA 1977).
Wilson v. Tanner, 346 So. 2d 1077 (Fla. 1st DCA 1977). “[4] § 95.13, Fla. Stat. (1975) provides that the person establishing legal title to the property shall be presumed to have possessed it, and the occupancy of the property shall be deemed to be in subordination to the legal title unless the property was possessed adversely for…”
Moore v. Musa, 198 So. 2d 843 (Fla. 3d DCA 1967). “ense is made, or the ancestor, predecessor or grantor of such person, was seized or possessed of the premises in question within seven years before the accruing of the right of action or defense in respect to which such action is prosecuted or defense made, or unless it appear…”
Water Control Dist. of South Brevard v. Davidson, 638 So. 2d 521 (Fla. 5th DCA 1994). “1st DCA 1977); § 95.13, Fla.Stat. (1991) (in adverse possession, presumption is with owner).”
Steputat & Co. v. Bidwell, 599 So. 2d 762 (Fla. 5th DCA 1992). “Bidwell argues finally that she is entitled to the presumption of possession under section 95.13, Florida Statutes (1991), because she had established legal title by virtue of the quit claim deed conveyed to her by Musselwhite seven years prior to the commencement of the action.”
Grant v. Strickland, 385 So. 2d 1123 (Fla. 1st DCA 1980). “18), as it provided at all times pertinent here: For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, judgment or decree, land shall be deemed to have been possessed and occupied in the following cases only: (1)…”
Atl. Land & Improvement Co. v. Davis, 70 So. 2d 910 (Fla. 1954). “Therefore, the appellants are “presumed to have been possessed thereof within the time prescribed by law; and the occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title, unless it appear that such premises have…”
Petrano v. Hall (M.D. Fla. 2023). “On the concept of “boundary by acquiescence,” the first statement cited no case law, and cited only § 95.13, F.S., a statutory provision governing adverse possession – the theory they had expressly abandoned at the March 8, 2018, hearing.”
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