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: District Court of Appeal of Florida | Date Filed: 2024-05-22

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

MICHAEL BATTERBEE v. MERRIL RODERICK, AS TRUSTEE

Court: District Court of Appeal of Florida | Date Filed: 2019-08-30

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

Dadd v. Houde

Court: District Court of Appeal of Florida | Date Filed: 2015-09-09

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

Frazier v. Goszczynski

Court: District Court of Appeal of Florida | Date Filed: 2014-10-10

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

Klein v. Meza

Court: District Court of Appeal of Florida | Date Filed: 2009-02-18

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: District Court of Appeal of Florida | Date Filed: 2007-01-30

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

Mullins v. Colbert

Court: District Court of Appeal of Florida | Date Filed: 2005-04-01

Citation: 898 So. 2d 1149, 2005 WL 735601

Snippet: color of title or without color of title. See §§ 95.16; 95.18, Fla. Stat. (2003). Under either statutory

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-12-15

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

Bush v. Grasswick

Court: District Court of Appeal of Florida | Date Filed: 2002-11-25

Citation: 830 So. 2d 963, 2002 WL 31641558

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

Goss v. Dunbar

Court: District Court of Appeal of Florida | Date Filed: 2002-08-02

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

Sanders v. Thomas

Court: District Court of Appeal of Florida | Date Filed: 2002-07-26

Citation: 821 So. 2d 1214, 2002 WL 1724043

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

Magma Trading Corp. v. Lintz

Court: District Court of Appeal of Florida | Date Filed: 1999-03-05

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

Himebaugh v. Hutton

Court: District Court of Appeal of Florida | Date Filed: 1997-04-18

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); see

McLemore v. McLemore

Court: District Court of Appeal of Florida | Date Filed: 1996-06-04

Citation: 675 So. 2d 202, 1996 WL 291945

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

Sapp v. Anderson

Court: District Court of Appeal of Florida | Date Filed: 1996-05-22

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: District Court of Appeal of Florida | Date Filed: 1995-11-16

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

Shultz v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 1995-03-14

Citation: 654 So. 2d 567, 1995 WL 103919

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

Seton v. Swann

Court: Supreme Court of Florida | Date Filed: 1995-02-16

Citation: 650 So. 2d 35, 1995 WL 60810

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

Wheeling Dollar Bank v. City of Delray Beach

Court: District Court of Appeal of Florida | Date Filed: 1994-06-22

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

Swann v. Seton

Court: District Court of Appeal of Florida | Date Filed: 1993-12-10

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

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