Florida Statute 95.18 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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F.S. 95.18

95.18 Real property actions; adverse possession without color of title.—

(1) When the possessor has been in actual continued possession of real property for 7 years under a claim of title exclusive of any other right, but not founded on a written instrument, judgment, or decree, or when those under whom the possessor claims meet these criteria, the property actually possessed is held adversely if the person claiming adverse possession:

(a) Paid, subject to s. 197.3335, all outstanding taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality within 1 year after entering into possession;

(b) Made a return, as required under subsection (3), of the property by proper legal description to the property appraiser of the county where it is located within 30 days after complying with paragraph (a); and

(c) Has subsequently paid, subject to s. 197.3335, all taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality for all remaining years necessary to establish a claim of adverse possession.

(2) For the purpose of this section, property is deemed to be possessed if the property has been:

(a) Protected by substantial enclosure; or

(b) Cultivated, maintained, or improved in a usual manner.

(3) A person claiming adverse possession under this section must make a return of the property by providing to the property appraiser a uniform return on a form provided by the Department of Revenue. The return must include all of the following:

(a) The name and address of the person claiming adverse possession.

(b) The date that the person claiming adverse possession entered into possession of the property.

(d) A notarized attestation clause that states:

UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING RETURN AND THAT THE FACTS STATED IN IT ARE TRUE AND CORRECT. I FURTHER ACKNOWLEDGE THAT THE RETURN DOES NOT CREATE ANY INTEREST ENFORCEABLE BY LAW IN THE DESCRIBED PROPERTY.

(e) A description of the use of the property by the person claiming adverse possession.

(f) A receipt to be completed by the property appraiser.

(g) Dates of payment by the possessor of all outstanding taxes and matured installments of special improvement liens levied against the property by the state, county, or municipality under paragraph (1)(a).

(h) The following notice provision at the top of the first page, printed in at least 12-point uppercase and boldfaced type:

THIS RETURN DOES NOT CREATE ANY INTEREST ENFORCEABLE BY LAW IN THE DESCRIBED PROPERTY.

The property appraiser shall refuse to accept a return if it does not comply with this subsection. The executive director of the Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under ss. 120.536(1) and 120.54(4) for the purpose of implementing this subsection. The emergency rules shall remain in effect for 6 months after adoption and may be renewed during the pendency of procedures to adopt rules addressing the subject of the emergency rules.

(4) Upon the submission of a return, the property appraiser shall:

(a) Send, via regular mail, a copy of the return to the owner of record of the property that is subject to the adverse possession claim, as identified by the property appraiser’s records.

(b) Inform the owner of record that, under s. 197.3335, any tax payment made by the owner of record before April 1 following the year in which the tax is assessed will have priority over any tax payment made by an adverse possessor.

(c) Add a notation at the beginning of the first line of the legal description on the tax roll that an adverse possession claim has been submitted.

(d) Maintain the return in the property appraiser’s records.

(5)(a) If a person makes a claim of adverse possession under this section against a portion of a parcel of property identified by a unique parcel identification number in the property appraiser’s records:

1. The person claiming adverse possession shall include in the return submitted under subsection (3) a full and complete legal description of the property sufficient to enable the property appraiser to identify the portion of the property subject to the adverse possession claim.

2. The property appraiser may refuse to accept the return if the portion of the property subject to the claim cannot be identified by the legal description provided in the return, and the person claiming adverse possession must obtain a survey of the portion of the property subject to the claim in order to submit the return.

(b) Upon submission of the return, the property appraiser shall follow the procedures under subsection (4), and may not create a unique parcel identification number for the portion of property subject to the claim.

(c) The property appraiser shall assign a fair and just value to the portion of the property, as provided in s. 193.011, and provide this value to the tax collector to facilitate tax payment under s. 197.3335(3).

(6)(a) If a person makes a claim of adverse possession under this section against property to which the property appraiser has not assigned a parcel identification number:

1. The person claiming adverse possession must include in the return submitted under subsection (3) a full and complete legal description of the property which is sufficient to enable the property appraiser to identify the property subject to the adverse possession claim.

2. The property appraiser may refuse to accept a return if the property subject to the claim cannot be identified by the legal description provided in the return, and the person claiming adverse possession must obtain a survey of the property subject to the claim in order to submit the return.

(b) Upon submission of the return, the property appraiser shall:

1. Assign a parcel identification number to the property and assign a fair and just value to the property as provided in s. 193.011;

2. Add a notation at the beginning of the first line of the legal description on the tax roll that an adverse possession claim has been submitted; and

3. Maintain the return in the property appraiser’s records.

(7) A property appraiser must remove the notation to the legal description on the tax roll that an adverse possession claim has been submitted and shall remove the return from the property appraiser’s records if:

(a) The person claiming adverse possession notifies the property appraiser in writing that the adverse possession claim is withdrawn;

(b) The owner of record provides a certified copy of a court order, entered after the date the return was submitted to the property appraiser, establishing title in the owner of record;

(c) The property appraiser receives a certified copy of a recorded deed, filed after the date of the submission of the return, from the person claiming adverse possession to the owner of record transferring title of property along with a legal description describing the same property subject to the adverse possession claim; or

(d) The owner of record or the tax collector provides to the property appraiser a receipt demonstrating that the owner of record has paid the annual tax assessment for the property subject to the adverse possession claim during the period that the person is claiming adverse possession.

(8) The property appraiser shall include a clear and obvious notation in the legal description of the parcel information of any public searchable property database maintained by the property appraiser that an adverse possession return has been submitted to the property appraiser for a particular parcel.

(9) A person who occupies or attempts to occupy a residential structure solely by claim of adverse possession under this section prior to making a return as required under subsection (3), commits trespass under s. 810.08.

(10) A person who occupies or attempts to occupy a residential structure solely by claim of adverse possession under this section and offers the property for lease to another commits theft under s. 812.014.

History.—s. 7, ch. 1869, 1872; s. 6, ch. 4055, 1891; RS 1291; GS 1722; RGS 2936; CGL 4656; s. 1, ch. 19254, 1939; ss. 13, 14, ch. 74-382; s. 1, ch. 77-102; s. 523, ch. 95-147; s. 1, ch. 2011-107; s. 1, ch. 2013-246; s. 98, ch. 2019-167.

F.S. 95.18 on Google Scholar

F.S. 95.18 on Casetext

Amendments to 95.18

Arrestable Offenses / Crimes under Fla. Stat. 95.18

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

S95.18 9 - TRESPASSING - BY ADVERSE POSSESSION WITHOUT NOTICE - M: S

S95.18 10 - LARC - LEASE PROPERTY ADVERSE POSSESSION 100K OR MORE - F: F

S95.18 10 - LARC - LEASE PROP ADVERSE POSSESSION 20K LESS 100K - F: S

S95.18 10 - LARC - LEASE PROPERTY ADVERSE POSSESSION 10K LESS 20K - F: T

S95.18 10 - LARC - LEASE PROPERTY ADVERSE POSSESSION 5K LESS 10K - F: T

S95.18 10 - LARC - RENUMBERED. SEE REC # 8996 - F: T

S95.18 10 - LARC - RENUMBERED. SEE REC # 8997 - M: F

S95.18 10 - LARC - LEASE PROP ADVERSE POSS PETIT 2ND DEG 1ST OFF - M: S

S95.18 10 - LARC - LEASE PROP ADVERSE POSS PETIT 2ND DEG 2ND OFF - M: F

S95.18 10 - LARC - LEASE PROP ADVERSE POSS PETIT 2ND DEG SUBS OFF - F: T

S95.18 10 - LARC - LEASE PROPERTY ADVERSE POSSESSION 100 LESS 750 - M: F

S95.18 10 - LARC - LEASE PROPERTY ADVERSE POSSESSION 750 LESS 5K - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 95.18

Total Results: 20

Bank of America v. Eastridge

Court: District Court of Appeal of Florida | Date Filed: 2018-08-06

Citation: 253 So. 3d 722

Snippet: adverse possession is no longer required by section 95.18, Florida Statutes (2016). We find that the trial

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: (adverse possession under color of title), with § 95.18, Fla. Stat. (2003) (adverse possession without color

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: Isserlis' estate on Meza's section 95.18 adverse possession claim. See § 95.18, Fla. Stat. (2000). We reverse

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: evidence does not meet the requirements of section 95.18, Florida Statutes (2003),1 governing adverse possession

L.A.M.A. Land Management, L.C. v. Ferro

Court: District Court of Appeal of Florida | Date Filed: 2006-08-09

Citation: 964 So. 2d 699, 2006 Fla. App. LEXIS 13214, 2006 WL 2269702

Snippet: possession without color of title. We agree. Section 95.18, Florida Statutes (2006), governs the ownership

Mullins v. Colbert

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

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

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

Cave v. State

Court: Supreme Court of Florida | Date Filed: 2005-01-27

Citation: 899 So. 2d 1042, 2005 WL 167607

Snippet: the night of the crime. Id. at 1349-1352, 1392-95. [18] It is important to note that there were no allegations

Blevins v. Mustique Holdings, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-02-03

Citation: 864 So. 2d 1262, 2004 Fla. App. LEXIS 1377, 2004 WL 360506

Snippet: PER CURIAM. See section 95.18, Florida Statutes (2003). AFFIRMED. PLEUS, PALMER and TORPY, JJ., concur

Ago

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

Snippet: for the ordinary use of the occupant.8 Section 95.18, Florida Statutes, provides for adverse possession

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 without color of title under section 95.18 because they did not return any lands in dispute

Woods v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-02-06

Citation: 806 So. 2d 621, 2002 WL 181086

Snippet: Miami-Dade County circuit court case numbers 94-40615, 95-18, and 95-15869. He alleges that his counsel failed

Herron v. Dastic

Court: District Court of Appeal of Florida | Date Filed: 2000-04-07

Citation: 754 So. 2d 185, 2000 Fla. App. LEXIS 4206, 2000 WL 356294

Snippet: possession without color of title pursuant to Section 95.18, Florida Statutes. When the dispute giving rise

McLemore v. McLemore

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

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

Snippet: proper legal description for the statutory period. § 95.18(1), Fla. Stat. (1989); Porter v. Lorene Investment

Moore v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-11-15

Citation: 662 So. 2d 764, 1995 Fla. App. LEXIS 11976, 1995 WL 676064

Snippet: PER CURIAM. Affirmed. White v. State, 464 So.2d 185 (Fla. 3d DCA 1985).

Mettee v. Raim

Court: District Court of Appeal of Florida | Date Filed: 1995-09-22

Citation: 660 So. 2d 805, 1995 Fla. App. LEXIS 9958, 1995 WL 558591

Snippet: and every year thereafter, as required by section 95.18 Florida Statutes (1977). As to this claim, we note

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 without color of title, pursuant to section 95.18, Florida Statutes (1991). The court rejected the

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: subsection in pari materia with former sections 95.16, 95.18 and 95.19 to provide that: [Pjersons who claim land

Altman v. Champion International Corp.

Court: District Court of Appeal of Florida | Date Filed: 1992-12-16

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

Snippet: The 1939 legislature added to what is now section 95.18(1) a provision which required that an adverse possessor

Boozer v. NCNB National Bank of Florida

Court: District Court of Appeal of Florida | Date Filed: 1992-09-25

Citation: 606 So. 2d 1208, 1992 Fla. App. LEXIS 10083, 1992 WL 235307

Snippet: to 1939 or whether the 1974 amendment of section 95.18, Florida Statutes (Supp.1974), applies to this case

Bailey v. Hagler

Court: District Court of Appeal of Florida | Date Filed: 1991-01-25

Citation: 575 So. 2d 679, 1991 WL 7104

Snippet: 210 So.2d 757 (Fla. 4th DCA 1968). Under section 95.18, one claiming without color of title must show open