Florida Statutes

Fla. Stat. § 95.16 (2025)

Real property actions; adverse possession under color of title.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 64 cases (2 in the last 5 years), 1952–2025 · leading case: Seddon v. Harpster, 403 So. 2d 409 (Fla. 1981).

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Seddon v. Harpster, 403 So. 2d 409 (Fla. 1981). · cites it 18× “" § 95.16, Fla. Stat. (Supp. 1974). The crucial issue, then, is whether chapter 74-382 may be applied retroactively in favor of Seddon.”

Seton v. Swann, 650 So. 2d 35 (Fla. 1995). · cites it 18× “16, the title to property possessed but not described in a recorded instrument cannot be used to show color of title.”

Seddon v. Harpster, 369 So. 2d 662 (Fla. 2d DCA 1979). · cites it 12× “Under the present day reading of Section 95.16, Florida Statutes, there can be no doubt that the Defendant has met every requirement of acquiring title to property by adverse possession save and except for one.”

Meyer v. Law, 287 So. 2d 37 (Fla. 1973). · cites it 8× “" Fla. Stat. § 95.16 , F.S.A., deals with adverse possession under color of title, so that, to be given any meaning at all, the language of Fla.”

Frazier v. Goszczynski, 161 So. 3d 542 (Fla. 5th DCA 2014). · cites it 8× “Compare § 95.16, Fla. Stat. (2003) (adverse possession under color of title), with § 95.”

Bonifay v. Garner, 445 So. 2d 597 (Fla. 1st DCA 1984). · cites it 4× “Adverse Possession In Florida, title to land may be acquired by adverse possession, either "under color of title," Section 95.16, Florida Statutes, or "without color of title," Section 95.”

Bailey v. Hagler, 575 So. 2d 679 (Fla. 1st DCA 1991). · cites it 3× “16 Real property actions; adverse possession under color of title (1) When the occupant, or those under whom he 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…”

McLemore v. McLemore, 675 So. 2d 202 (Fla. 1st DCA 1996). · cites it 4× “First, the property must be described in a written instrument recorded in official county records, and the property must be possessed continuously for seven years.”

Swann v. Seton, 629 So. 2d 935 (Fla. 5th DCA 1993). · cites it 22× “” § 95.16, Fla.Stat. (Supp. 1974). 403 So.2d at 411 (emphasis in original).”

Inch v. McPherson, 859 P.2d 755 (Ariz. Ct. App. 1993). · cites it 2× “UNCONSTITUTIONAL DEPRIVATION OF PROPERTY McPhersons maintain that Article II, § 4 of the Arizona Constitution *137 which assures them they will not be deprived of “property without due process of law,” was violated when the trial court awarded Inchs the easement.”

DeRoche v. Winski, 409 So. 2d 41 (Fla. 2d DCA 1981). · cites it 4× “The instrument relied upon to show color of title must be recorded (§ 95.16, Fla. Stat.) and it must purport to convey the land in question by a legally sufficient description.”

Pasekoff v. Kaufman, 392 So. 2d 971 (Fla. 3d DCA 1981). · cites it 3× “See, § 95.16, Fla. Stat. (1975). This allegation, in common with all of the plaintiffs' later-presented theories, did not attempt to distinguish between Harold's ownership of one-half of the 50% interest in question under the 1956 deed as a then-one-half owner of the…”

Show all 64 citing cases →

— 95.16(1) — 8 cases

Seton v. Swann, 650 So. 2d 35 (Fla. 1995). “16, the title to property possessed but not described in a recorded instrument cannot be used to show color of title.”

Townsend v. Ward, 429 So. 2d 404 (Fla. 1st DCA 1983).

Frazier v. Goszczynski, 161 So. 3d 542 (Fla. 5th DCA 2014). “Compare § 95.16, Fla. Stat. (2003) (adverse possession under color of title), with § 95.”

McLemore v. McLemore, 675 So. 2d 202 (Fla. 1st DCA 1996). “First, the property must be described in a written instrument recorded in official county records, and the property must be possessed continuously for seven years.”

Pasekoff v. Kaufman, 392 So. 2d 971 (Fla. 3d DCA 1981). “See, § 95.16, Fla. Stat. (1975). This allegation, in common with all of the plaintiffs' later-presented theories, did not attempt to distinguish between Harold's ownership of one-half of the 50% interest in question under the 1956 deed as a then-one-half owner of the…”

— 95.16(2) — 5 cases

Seton v. Swann, 650 So. 2d 35 (Fla. 1995). “16, the title to property possessed but not described in a recorded instrument cannot be used to show color of title.”

Goss v. Dunbar, 834 So. 2d 185 (Fla. 2d DCA 2002).

Mullins v. Colbert, 898 So. 2d 1149 (Fla. 5th DCA 2005).

Grant v. Strickland, 385 So. 2d 1123 (Fla. 1st DCA 1980).

— 95.16(2)(a) — 2 cases

Bailey v. Hagler, 575 So. 2d 679 (Fla. 1st DCA 1991). “16 Real property actions; adverse possession under color of title (1) When the occupant, or those under whom he 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…”

Swann v. Seton, 629 So. 2d 935 (Fla. 5th DCA 1993). “” § 95.16, Fla.Stat. (Supp. 1974). 403 So.2d at 411 (emphasis in original).”

— 95.16(2)(b) — 2 cases

Seton v. Swann, 650 So. 2d 35 (Fla. 1995). “16, the title to property possessed but not described in a recorded instrument cannot be used to show color of title.”

Swann v. Seton, 629 So. 2d 935 (Fla. 5th DCA 1993). “” § 95.16, Fla.Stat. (Supp. 1974). 403 So.2d at 411 (emphasis in original).”

— 95.16(2)(c) — 4 cases

Seton v. Swann, 650 So. 2d 35 (Fla. 1995). “16, the title to property possessed but not described in a recorded instrument cannot be used to show color of title.”

Swann v. Seton, 629 So. 2d 935 (Fla. 5th DCA 1993). “” § 95.16, Fla.Stat. (Supp. 1974). 403 So.2d at 411 (emphasis in original).”

Flournoy v. Perkins, 667 So. 2d 364 (Fla. 1st DCA 1995).

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