Florida Statute 95.16 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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95.16 Real property actions; adverse possession under color of title.—

(1) When the occupant, or those under whom the occupant claims, entered into possession of real property under a claim of title exclusive of any other right, founding the claim on a written instrument as being a conveyance of the property, or on a decree or judgment, and has for 7 years been in continued possession of the property included in the instrument, decree, or judgment, the property is held adversely. If the property is divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract. Adverse possession commencing after December 31, 1945, shall not be deemed adverse possession under color of title until the instrument upon which the claim of title is founded is recorded in the office of the clerk of the circuit court of the county where the property is located.

(2) For the purpose of this section, property is deemed possessed in any of the following cases:

(a) When it has been usually cultivated or improved.

(b) When it has been protected by a substantial enclosure. All land protected by the enclosure must be included within the description of the property in the written instrument, judgment, or decree. If only a portion of the land protected by the enclosure is included within the description of the property in the written instrument, judgment, or decree, only that portion is deemed possessed.

(c) When, although not enclosed, it has been used for the supply of fuel or fencing timber for husbandry or for the ordinary use of the occupant.

(d) When a known lot or single farm has been partly improved, the part that has not been cleared or enclosed according to the usual custom of the county is to be considered as occupied for the same length of time as the part improved or cultivated.

History.—s. 5, ch. 1869, 1872; RS 1290; GS 1721; RGS 2935; CGL 4655; s. 1, ch. 19253, 1939; s. 1, ch. 22897, 1945; ss. 11, 12, ch. 74-382; s. 1, ch. 77-174; s. 1, ch. 87-194; s. 522, ch. 95-147.

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Amendments to 95.16

Annotations, Discussions, Cases:

Cases Citing Statute 95.16

Total Results: 61

Seddon v. Harpster

403 So. 2d 409

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 1250227

Cited 39 times | Published

noted that: Under the present day reading of Section 95.16, Florida Statutes, there can be no doubt that

Bonifay v. Dickson

459 So. 2d 1089

District Court of Appeal of Florida | Filed: Nov 1, 1984 | Docket: 1683264

Cited 14 times | Published

adverse possession under "color of title". Section 95.16, Florida Statutes (1977). Seven years prior

Townsend v. Ward

429 So. 2d 404

District Court of Appeal of Florida | Filed: Mar 29, 1983 | Docket: 1222047

Cited 13 times | Published

proving such possession before 1946 by virtue of Section 95.16(1), Florida Statutes, which provides, in part

Meyer v. Law

287 So. 2d 37

Supreme Court of Florida | Filed: Dec 12, 1973 | Docket: 1170938

Cited 12 times | Published

period of seven years. It should be noted that Section 95.16, Florida Statutes, F.S.A., provides that adverse

Mumaw v. Roberson

60 So. 2d 741, 1952 Fla. LEXIS 1436

Supreme Court of Florida | Filed: Oct 17, 1952 | Docket: 1507081

Cited 12 times | Published

of "color of title" under the provisions of Section 95.16, Florida Statutes, F.S.A. See Mitchell v. Moore

Holland v. Hattaway

438 So. 2d 456, 1983 Fla. App. LEXIS 24436

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 1731842

Cited 11 times | Published

of title under some statutes of limitation (see § 95.16, Fla. Stat.); (4) as will be discussed below, as

Bonifay v. Garner

445 So. 2d 597

District Court of Appeal of Florida | Filed: Jan 30, 1984 | Docket: 1287689

Cited 8 times | Published

possession, either "under color of title," Section 95.16, Florida Statutes, or "without color of title

Blackburn v. Florida West Coast Land & Develop. Co.

109 So. 2d 413

District Court of Appeal of Florida | Filed: Feb 20, 1959 | Docket: 1360141

Cited 8 times | Published

occupation under color of title, brings them within section 95.16, and they are therefore adverse possessors with

Seaboard Air Line RR Co. v. California Chemical Co.

210 So. 2d 757

District Court of Appeal of Florida | Filed: May 29, 1968 | Docket: 1468543

Cited 7 times | Published

instrument, judgment, or decree, within the purview of § 95.16; * * *" (Emphasis added.) [2] F.S. Sections 95

Bonifay v. Garner

503 So. 2d 389, 12 Fla. L. Weekly 567

District Court of Appeal of Florida | Filed: Feb 19, 1987 | Docket: 1452768

Cited 6 times | Published

by adverse possession under color of title, section 95.16, Florida Statutes, this court found a 1961 deed

Pasekoff v. Kaufman

392 So. 2d 971

District Court of Appeal of Florida | Filed: Jan 13, 1981 | Docket: 1268825

Cited 6 times | Published

adverse possession under color of title. See, § 95.16, Fla. Stat. (1975). This allegation, in common

Palmquist v. Johnson

41 So. 2d 313, 1949 Fla. LEXIS 745

Supreme Court of Florida | Filed: Jun 24, 1949 | Docket: 3273418

Cited 6 times | Published

Chapter 19253, Acts of 1939, Laws of Florida, Section 95.16, F.S.A., viz.: "95.16. Real actions; adverse

McLemore v. McLemore

675 So. 2d 202, 1996 WL 291945

District Court of Appeal of Florida | Filed: Jun 4, 1996 | Docket: 1694574

Cited 5 times | Published

must be possessed continuously for seven years. § 95.16(1), Fla.Stat. (1989); Seton v. Swann, 650 So.2d

Seton v. Swann

650 So. 2d 35, 1995 WL 60810

Supreme Court of Florida | Filed: Feb 16, 1995 | Docket: 1703335

Cited 5 times | Published

Constitution. This case concerns the interpretation of section 95.16, Florida Statutes (1991). We approve the district

Bailey v. Hagler

575 So. 2d 679, 1991 WL 7104

District Court of Appeal of Florida | Filed: Jan 25, 1991 | Docket: 1444010

Cited 5 times | Published

and [meets one of the criteria enumerated at section 95.16(2)(a)-(d)]."[1]Seddon v. Harpster, 403 So.2d

Turturro v. Schmier

374 So. 2d 71

District Court of Appeal of Florida | Filed: Jul 31, 1979 | Docket: 430736

Cited 5 times | Published

adverse possession under color of title, pursuant to § 95.16, Florida Statutes (1977), upon the actions of Marge

Seddon v. Harpster

369 So. 2d 662

District Court of Appeal of Florida | Filed: Apr 11, 1979 | Docket: 470904

Cited 5 times | Published

claim of adverse possession pursuant to Florida Statute 95.16(2)(b) which states that when the occupant

Moore v. Musa

198 So. 2d 843

District Court of Appeal of Florida | Filed: May 9, 1967 | Docket: 1354406

Cited 5 times | Published

instrument, judgment, or decree, within the purview of § 95.16; or *848 "(3) Where (although not enclosed) it

DeRoche v. Winski

409 So. 2d 41

District Court of Appeal of Florida | Filed: Dec 16, 1981 | Docket: 1525455

Cited 3 times | Published

claimant with color of title can qualify under section 95.16, Florida Statutes, by continuous possession

Grant v. Strickland

385 So. 2d 1123

District Court of Appeal of Florida | Filed: Jun 30, 1980 | Docket: 1337636

Cited 3 times | Published

So. 635 (1908). [3] Section 95.18(2), and see § 95.16(2). [4] Ch. 19254, Section 1, Laws of Florida

Kiser v. Howard

133 So. 2d 746

District Court of Appeal of Florida | Filed: Oct 24, 1961 | Docket: 1602388

Cited 3 times | Published

instrument, judgment, or decree, within the purview of § 95.16; * * *." A careful examination of the opinion rendered

Frazier v. Goszczynski

161 So. 3d 542, 2014 Fla. App. LEXIS 15815, 2014 WL 5039679

District Court of Appeal of Florida | Filed: Oct 10, 2014 | Docket: 60247198

Cited 2 times | Published

that the property belonged to them pursuant to section 95.16, Florida Statutes (2003). Goszczynski filed

Shultz v. Johnson

654 So. 2d 567, 1995 WL 103919

District Court of Appeal of Florida | Filed: Mar 14, 1995 | Docket: 1710390

Cited 2 times | Published

between *570 January 1, 1975, and December 31, 1987. § 95.16, Fla. Stat. (1977). Each essential element of adverse

Turner v. Valentine

570 So. 2d 1327, 1990 WL 84419

District Court of Appeal of Florida | Filed: Jun 22, 1990 | Docket: 1349251

Cited 2 times | Published

1981), which dealt with subsection 2(b) of section 95.16, Florida Statutes (1987), to this case where

Simpson v. Lindgren

133 So. 2d 439

District Court of Appeal of Florida | Filed: Oct 5, 1961 | Docket: 60198525

Cited 2 times | Published

awards title to the Lindgrens upon the basis of Section 95.16, .Fla.Stat., F.S.A., which is as follows: “Real

Dadd v. Houde

176 So. 3d 347, 2015 Fla. App. LEXIS 13450, 2015 WL 5245138

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757118

Cited 1 times | Published

fence line, pursuant to the 1974 version of section 95.16 of the Florida Statutes. Houde counterclaimed

Mullins v. Colbert

898 So. 2d 1149, 2005 WL 735601

District Court of Appeal of Florida | Filed: Apr 1, 2005 | Docket: 1448292

Cited 1 times | Published

length of time as the part improved or cultivated. § 95.16(2) Fla. Stat. (2003). In his affidavit, which was

Bush v. Grasswick

830 So. 2d 963, 2002 WL 31641558

District Court of Appeal of Florida | Filed: Nov 25, 2002 | Docket: 1516860

Cited 1 times | Published

title claim based on adverse possession under section 95.16, Florida Statutes (1991) and (1975). The Setons'

Sanders v. Thomas

821 So. 2d 1214, 2002 WL 1724043

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 1236291

Cited 1 times | Published

possession under color of title, pursuant to section 95.16, Florida Statutes. The trial court erred because

United States v. 329.22 Acres of Land, More or Less

307 F. Supp. 34, 1968 U.S. Dist. LEXIS 12572

District Court, M.D. Florida | Filed: May 2, 1968 | Docket: 66058470

Cited 1 times | Published

extinguished at the end of those seven years. F.S.. 95.16, F.S.A.; F.S. 95.17, F.S.A. On June 27, 1922

Harry Stallworth and Patricia Stallworth v. Legacy Rentals, LLC

District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70630886

Published

elements to prove adverse possession, we affirm. See § 95.16, Fla. Stat. (1994); Douglass v. Aldridge, 105

Richard L. Pesce v. Wade Morgan

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553877

Published

the operative statute, section 95.16, Florida Statutes.1 The 1 Section 95.16(1), Florida Statutes [effective

MICHAEL BATTERBEE v. MERRIL RODERICK, AS TRUSTEE

District Court of Appeal of Florida | Filed: Aug 30, 2019 | Docket: 16135961

Published

Michael, the appellant here. Section 95.16(1), Florida Statutes (2016), provides that

Candler Holdings Ltd. I v. Watch Omega Holdings, L.P.

947 So. 2d 1231, 2007 Fla. App. LEXIS 987, 2007 WL 216304

District Court of Appeal of Florida | Filed: Jan 30, 2007 | Docket: 64848784

Published

ownership through adverse possession. Under either section 95.16 5 or section 95.18, Florida Statutes (2003)

Ago

Florida Attorney General Reports | Filed: Dec 15, 2003 | Docket: 3256193

Published

subject to a tax certificate.7 Question Six Section 95.16, Florida Statutes, provides a means for obtaining

Goss v. Dunbar

834 So. 2d 185, 2002 Fla. App. LEXIS 10908, 2002 WL 1769061

District Court of Appeal of Florida | Filed: Aug 2, 2002 | Docket: 64819814

Published

under color of title is a statutory claim. See § 95.16, Fla. Stat. (2001). Since 1968, this statute has

Magma Trading Corp. v. Lintz

727 So. 2d 377, 1999 Fla. App. LEXIS 2455, 1999 WL 110771

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 64786500

Published

The court found that the appellees satisfied section 95.16, Florida Statutes, because they obtained title

Himebaugh v. Hutton

691 So. 2d 645, 1997 Fla. App. LEXIS 4330, 1997 WL 186286

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 64772481

Published

PER CURIAM. AFFIRMED. See § 95.16, Fla. Stat. (1995); Mumaw v. Roberson, 60 So.2d 741 (Fla.1952); see

Sapp v. Anderson

673 So. 2d 569, 1996 Fla. App. LEXIS 5446, 1996 WL 271558

District Court of Appeal of Florida | Filed: May 22, 1996 | Docket: 64764600

Published

trial court properly applied the version of section 95.16, Florida Statutes (1975), that was in effect

Flournoy v. Perkins

667 So. 2d 364, 1995 Fla. App. LEXIS 11996, 1995 WL 678783

District Court of Appeal of Florida | Filed: Nov 16, 1995 | Docket: 64761966

Published

regarding the “ordinary use” of the subject property. § 95.16(2)(c), Fla.Stat. (1993); Shultz v. Johnson, 654

Wheeling Dollar Bank v. City of Delray Beach

639 So. 2d 113, 1994 Fla. App. LEXIS 6012, 1994 WL 275376

District Court of Appeal of Florida | Filed: Jun 22, 1994 | Docket: 64749529

Published

possession under color of title pursuant to section 95.16, Florida Statutes (1991), for the same reason

Swann v. Seton

629 So. 2d 935, 1993 Fla. App. LEXIS 12142, 1993 WL 504383

District Court of Appeal of Florida | Filed: Dec 10, 1993 | Docket: 64745374

Published

period of time and met the requirements of section 95.16, Florida Statutes. Swann and her now deceased

Altman v. Champion International Corp.

611 So. 2d 8, 1992 Fla. App. LEXIS 12808, 1992 WL 370514

District Court of Appeal of Florida | Filed: Dec 16, 1992 | Docket: 64693116

Published

the property, or on a decree or judgment_” Section 95.16, Florida Statutes (1989). The 1939 legislature

Steputat & Co. v. Bidwell

599 So. 2d 762, 1992 Fla. App. LEXIS 5824, 1992 WL 118462

District Court of Appeal of Florida | Filed: Jun 5, 1992 | Docket: 64667749

Published

that the trial court based its decision upon section 95.16, Florida Statutes (1991), the statute setting

Franklin v. Gibbs

507 So. 2d 690, 12 Fla. L. Weekly 1221, 1987 Fla. App. LEXIS 8277

District Court of Appeal of Florida | Filed: May 14, 1987 | Docket: 64627331

Published

possession was with color of title pursuant to § 95.16, Fla.Stat., appellees presented only one deed purporting

Elizabethan Development, Inc. v. Magwood

479 So. 2d 251, 10 Fla. L. Weekly 2701, 1985 Fla. App. LEXIS 17215

District Court of Appeal of Florida | Filed: Dec 4, 1985 | Docket: 64615886

Published

However, under the interpretation placed upon section 95.16, Florida Statutes (1988), in Seddon plaintiffs

Revels v. Sico, Inc.

468 So. 2d 481, 10 Fla. L. Weekly 1173, 1985 Fla. App. LEXIS 14160

District Court of Appeal of Florida | Filed: May 8, 1985 | Docket: 64611799

Published

enclosure pursuant to the interpretation of section 95.16, Florida Statutes (1983), in Seddon v. Harpster

Tatra, Inc. v. Spencer

409 So. 2d 1172, 1982 Fla. App. LEXIS 19286

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 64587979

Published

their burden on the issue of color of title. Section 95.16, Florida Statutes (1977). As we stated in Moore

Birtley v. Fernandez Co.

392 So. 2d 291, 1980 Fla. App. LEXIS 17833

District Court of Appeal of Florida | Filed: Dec 10, 1980 | Docket: 64579576

Published

then he is holding the property adversely. Section 95.16, Fla.Stat. (1972). Such adverse possession of

Cox v. Game

373 So. 2d 364, 1979 Fla. App. LEXIS 14850

District Court of Appeal of Florida | Filed: Jun 15, 1979 | Docket: 64571193

Published

under color of title to give them title under Section 95.16, Florida Statutes (1977). In Downing v. Bird

Carter v. Klugh

310 So. 2d 358, 1975 Fla. App. LEXIS 13993

District Court of Appeal of Florida | Filed: Mar 18, 1975 | Docket: 64545371

Published

” [Emphasis Supplied] ****** With respect to § 95.16, Fla.Stat., it is undisputed that the will of Dallas

Race v. Moseley

308 So. 2d 137, 1975 Fla. App. LEXIS 14492

District Court of Appeal of Florida | Filed: Feb 19, 1975 | Docket: 64544486

Published

Charles was dispossessed. Yet, for purposes of § 95.16, we cannot tell whether this status existed for

Meyer v. Law

265 So. 2d 737, 1972 Fla. App. LEXIS 6461

District Court of Appeal of Florida | Filed: Aug 23, 1972 | Docket: 64527299

Published

instrument, judgment, or decree, within the purview of § 95.16; or . . . Fla.App.2d 1959, 109 So.2d 413.

Madison v. Haynes

264 So. 2d 852, 1972 Fla. App. LEXIS 6564

District Court of Appeal of Florida | Filed: Jul 17, 1972 | Docket: 64526971

Published

its apportioned dimensions of 50' X 70'. See F.S. 95.16 and 95.17, F.S.A., Laws of 1969. Also, since

Armstrong Cork Co. v. Crook

227 So. 2d 64, 1969 Fla. App. LEXIS 5023

District Court of Appeal of Florida | Filed: Oct 7, 1969 | Docket: 64511650

Published

as appellee’s refusal to remove the fence. Section 95.16, Florida Statutes, F.S.A., provides that when

Brown v. Floyd

202 So. 2d 215, 1967 Fla. App. LEXIS 4280

District Court of Appeal of Florida | Filed: Aug 3, 1967 | Docket: 64502284

Published

land he claims by adverse possession under F.S. § 95.16, F.S.A. Adverse possession is possible as against

Cahill v. Chesley

189 So. 2d 818, 1966 Fla. App. LEXIS 4809

District Court of Appeal of Florida | Filed: Aug 26, 1966 | Docket: 64498014

Published

whether or not the defendants are barred by F.S. § 95.16 or § 95.23, F.S.A., from now asserting their claim

Kelley v. City of Cocoa

188 So. 2d 71

District Court of Appeal of Florida | Filed: Jul 25, 1966 | Docket: 64497208

Published

any way with the grantors or their heirs. F.S.A. § 95.16. We therefore determine without applying F.S.A

Lubrano v. Macauley

125 So. 2d 911, 1961 Fla. App. LEXIS 3104

District Court of Appeal of Florida | Filed: Jan 6, 1961 | Docket: 60196473

Published

boundary by acquiescence has been established. F.S.A. § 95.16. Finding no error in the verdict and judgment of

Stephens v. Stephens

94 So. 2d 366, 1957 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Mar 6, 1957 | Docket: 64489131

Published

as a written instrument as contemplated by F.S. § 95.16, F.S.A. The nature of the instrument required under

Morrison v. Byrd

72 So. 2d 657, 1954 Fla. LEXIS 1424

Supreme Court of Florida | Filed: May 11, 1954 | Docket: 64485541

Published

governing the question before the lower court is Section 95.16, Florida Statutes 1951, F.S.A. The primary and

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.