Florida Statute 95.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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F.S. 95.16

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

Arrestable Offenses / Crimes under Fla. Stat. 95.16

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 95.16.

Annotations, Discussions, Cases:

Cases Citing Statute 95.16

Total Results: 20

Richard L. Pesce v. Wade Morgan

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-22T00:00:00-07:00

Snippet: operative statute, section 95.16, Florida Statutes.1 The 1 Section 95.16(1), Florida Statutes [effective…protected by a substantial enclosure. 95.16 Real property actions; adverse possession under … or decree, within the purview of Section 95.16 . . . . Ch. 74–382, §§ 11–12, Laws of Fla. …color of title pursuant to the version of section 95.16, Florida Statutes, in effect beginning on January

In Re: Amendments to Florida Rule of Juvenile Procedure 8.095

Court: Fla. | Date Filed: 2021-12-15T23:53:00-08:00

Snippet: Amendments to Florida Rule of Juvenile Procedure 8.095 16 December 2021 Published ea0931f3bf7040b53e7e50c62c18aaec2b11b4d9

MICHAEL BATTERBEE v. MERRIL RODERICK, AS TRUSTEE

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-30T00:53:00-07:00

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

Dadd v. Houde

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-09T00:00:00-07:00

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

Snippet: fence line, pursuant to the 1974 version of section 95.16 of the Florida Statutes. Houde counterclaimed to…misapplied the statute. ANALYSIS Section 95.16, as it appears today in the Florida Statutes, would… redirects us to the earlier version of section 95.16, pursuant to which she contended below and continues… as consolidated in 1974, read as follows: 95.16 Real property actions; adverse possession under …Harpster, 403 So.2d 409, 411 (Fla.1981) (citing § 95.16, Fla. Stat. (Supp.1974)). Urirebutted testimony

Frazier v. Goszczynski

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-10T00:00:00-07:00

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

Snippet: the property belonged to them pursuant to section 95.16, Florida Statutes (2003). Goszczynski filed a motion…absence of the color of title element. Compare § 95.16, Fla. Stat. (2003) (adverse possession under color…because the Fraziers make their claim under section 95.16. Color of title is, therefore, an element they have… or *545what it means. From the text of section 95.16(1), we see that color of title references “a claim…founded on a written instrument of conveyance. § 95.16(1), Fla. Stat. (2003). A quitclaim deed may, depending

Klein v. Meza

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-18T00:00:00-08:00

Citation: 4 So. 3d 51, 2009 Fla. App. LEXIS 1285, 2009 WL 383617

Snippet: virtue of the adverse possession statutes, sections 95.16 and 95.18 of the Florida Statutes, she is entitled

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

Court: Fla. Dist. Ct. App. | Date Filed: 2007-01-30T00:00:00-08:00

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

Snippet: through adverse possession. Under either section 95.16 5 or section 95.18, Florida Statutes (2003) “the…recorded deed may be found."). . Section 95.16, Florida Statutes (2003), addressing adverse possession

Mullins v. Colbert

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-31T23:53:00-08:00

Citation: 898 So. 2d 1149

Snippet: color of title or without color of title. See §§ 95.16; 95.18, Fla. Stat. (2003). Under either statutory…deemed possessed under the following circumstances: 95.16 Real property actions; adverse possession under …length of time as the part improved or cultivated. § 95.16(2) Fla. Stat. (2003). In his affidavit, which was

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-12-14T23:53:00-08:00

Snippet: subject to a tax certificate.7 Question Six Section 95.16, Florida Statutes, provides a means for obtaining…deemed to be "possessed" for both sections 95.16 and 95.18, Florida Statutes, do not appear probable…Bulletin PTA-03-01 (House Bill 1721). 8 Section 95.16(2), Fla. Stat. 9 Section 95.18(1), Fla. Stat. 10

Bush v. Grasswick

Court: Fla. Dist. Ct. App. | Date Filed: 2002-11-24T23:53:00-08:00

Citation: 830 So. 2d 963

Snippet: claim based on adverse possession under section 95.16, Florida Statutes (1991) and (1975). The Setons&…; adverse claim commenced in 1984 under section 95.16, Florida Statutes (1975), which provided that a …However, in 1987 the Legislature amended section 95.16, Florida Statutes (1975), and eliminated the provision… of seven years before the amendment of section 95.16, Florida Statutes (1975), in 1987 their claim was…been adversely possessed since 1975. Under section 95.16, Florida Statutes (1975), Mrs. Bailey perfected

Goss v. Dunbar

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-02T00:00:00-07:00

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

Snippet: under color of title is a statutory claim. See § 95.16, Fla. Stat. (2001). Since 1968, this statute has… a substantial enclosure, or cultivation. See § 95.16(2), Fla. Stat. (2001). Mr. Dunbar’s theory does

Sanders v. Thomas

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-26T00:53:00-07:00

Citation: 821 So. 2d 1214

Snippet: possession under color of title, pursuant to section 95.16, Florida Statutes. The trial court erred because…possession by color of title because, under section 95.16, the title to property possessed but not described

Magma Trading Corp. v. Lintz

Court: Fla. Dist. Ct. App. | Date Filed: 1999-03-05T00:00:00-08:00

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

Snippet: court found that the appellees satisfied section 95.16, Florida Statutes, because they obtained title to…dense trees, scrubs and swales.” We affirm. Section 95.16, Florida Statutes, reads in part: (1) When the occupant

Himebaugh v. Hutton

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-18T00:00:00-07:00

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

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

McLemore v. McLemore

Court: Fla. Dist. Ct. App. | Date Filed: 1996-06-04T00:53:00-07:00

Citation: 675 So. 2d 202

Snippet: must be possessed continuously for seven years. § 95.16(1), Fla.Stat. (1989); Seton v. Swann, 650 So.2d …is concerned with the methods listed in section 95.16(2), by which a claimant may show the property was…possession claim under color of title on section 95.16(2)(c), Fla.Stat., which states that "property

Sapp v. Anderson

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-22T00:00:00-07:00

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

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

Flournoy v. Perkins

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-16T00:00:00-08:00

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

Snippet: regarding the “ordinary use” of the subject property. § 95.16(2)(c), Fla.Stat. (1993); Shultz v. Johnson, 654 …essential element of adverse possession under § 95.16 must be established by clear and positive proof)…over property, adverse possession under section 95.16 not shown by platting of property and payment of

Shultz v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 1995-03-13T23:53:00-08:00

Citation: 654 So. 2d 567

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

Seton v. Swann

Court: Fla. | Date Filed: 1995-02-15T23:53:00-08:00

Citation: 650 So. 2d 35

Snippet: This case concerns the interpretation of section 95.16, Florida Statutes (1991). We approve the district…color of title under this statute. Under section 95.16, the title to property possessed but not described…land for the seven-year period required by section 95.16. The district court reversed. The court found that…adverse possession by color of title under section 95.16: *37 First, the property must be described in a … district court reviewed the history of section 95.16. In Meyer v. Law, 287 So.2d 37 (Fla. 1973), this

Wheeling Dollar Bank v. City of Delray Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1994-06-22T00:00:00-07:00

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

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