Florida Statute 95.18 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 95.18

Annotations, Discussions, Cases:

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

Cases Citing Statute 95.18

Total Results: 38

Seddon v. Harpster

403 So. 2d 409

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

Cited 39 times | Published

of adverse possession "without color of title." § 95.18, Fla. Stat. (1975). This form of adverse possession

Florida Power Corporation v. McNeely

125 So. 2d 311

District Court of Appeal of Florida | Filed: Dec 2, 1960 | Docket: 1284932

Cited 27 times | Published

the seven year limitation period specified by section 95.18 as the prescriptive period and held that the

Meyer v. Law

287 So. 2d 37

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

Cited 12 times | Published

of time as the part improved or cultivated." Section 95.18, Florida Statutes, 1971, provides: "Where it

Palmer v. Greene

31 So. 2d 706, 159 Fla. 174, 1947 Fla. LEXIS 748

Supreme Court of Florida | Filed: May 9, 1947 | Docket: 3268302

Cited 12 times | Published

Laws of Florida, Acts of 1939, same being Section 95.18 and Section 95.19, Florida Statutes 1941. The

Little v. Kendrick

12 So. 2d 899, 152 Fla. 720, 1943 Fla. LEXIS 1016

Supreme Court of Florida | Filed: Apr 9, 1943 | Docket: 3260332

Cited 10 times | Published

necessary for defendant to show compliance with Section 95.18, Florida Statutes of 1941, by returning the

Bonifay v. Garner

445 So. 2d 597

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

Cited 8 times | Published

argued advances the query whether the proviso of section 95.18 is applicable to an easement. This proviso specifies

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

to bring appellants within the purview of F.S. § 95.18, F.S.A., dealing with adverse possession without

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 without color of title, Section 95.18, Florida Statutes (1975), and the court dismissed

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

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

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

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

Seddon v. Harpster

369 So. 2d 662

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

Cited 5 times | Published

property "without color of title" as described in Section 95.18, Florida Statutes (1975). However, this statute

DeRoche v. Winski

409 So. 2d 41

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

Cited 3 times | Published

claimant without color of title can qualify under section 95.18, Florida Statutes, by showing open, continuous

Grant v. Strickland

385 So. 2d 1123

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

Cited 3 times | Published

supporting these interpretations of Florida Statutes § 95.18.[1] That statute, derived[2] from a New York statute

Kiser v. Howard

133 So. 2d 746

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

Cited 3 times | Published

the institution of this suit, and therefore F.S. § 95.18, F.S.A., which requires the payment of taxes in

Levering v. City of Tarpon Springs

92 So. 2d 638

Supreme Court of Florida | Filed: Feb 13, 1957 | Docket: 1390246

Cited 3 times | Published

and adverse. Our own statute requires this. Section 95.18, Florida Statutes, F.S.A. See also Section 2936

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

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

Edwards v. Hardin Properties, Inc.

313 So. 2d 82

District Court of Appeal of Florida | Filed: Apr 16, 1975 | Docket: 1511376

Cited 2 times | Published

concur. NOTES [1] By ch. 19254 (Laws 1939) (now § 95.18 F.S. 1973), § 2936, Rev.Gen.Stat. 1920, was amended

Edwards v. Hardin Properties, Inc.

313 So. 2d 82

District Court of Appeal of Florida | Filed: Apr 16, 1975 | Docket: 1511376

Cited 2 times | Published

concur. NOTES [1] By ch. 19254 (Laws 1939) (now § 95.18 F.S. 1973), § 2936, Rev.Gen.Stat. 1920, was amended

Klein v. Meza

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

District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 1666481

Cited 1 times | Published

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

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

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

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

without color of title, and that since F.S. Section 95.18 F.S.A. requires a return of the property to

Bank of America v. Eastridge

253 So. 3d 722

District Court of Appeal of Florida | Filed: Aug 6, 2018 | Docket: 7682967

Published

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

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

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

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

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

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 64852401

Published

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

Blevins v. Mustique Holdings, Inc.

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

District Court of Appeal of Florida | Filed: Feb 3, 2004 | Docket: 64827870

Published

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

Ago

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

Published

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

Herron v. Dastic

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

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 64796161

Published

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

Mettee v. Raim

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

District Court of Appeal of Florida | Filed: Sep 22, 1995 | Docket: 64758895

Published

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

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

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

Boozer v. NCNB National Bank of Florida

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

District Court of Appeal of Florida | Filed: Sep 25, 1992 | Docket: 64670904

Published

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

Manin v. Milander

452 So. 2d 997, 1984 Fla. App. LEXIS 13898

District Court of Appeal of Florida | Filed: Jun 19, 1984 | Docket: 64605893

Published

property to the county appraiser pursuant to section 95.18, Florida Statutes (1955). Salls v. Martin, 156

Lawson v. Murray

365 So. 2d 744, 1978 Fla. App. LEXIS 17154

District Court of Appeal of Florida | Filed: Nov 3, 1978 | Docket: 64567729

Published

only as a relic of the past. Turning next to Section 95.18, Florida Statutes, Adverse Possession Without

Tassapoulos v. Seaboard Coastline Railroad

353 So. 2d 867

District Court of Appeal of Florida | Filed: Dec 14, 1977 | Docket: 64562096

Published

power poles and lines on appellants’ land. Section 95.18, Florida Statutes (1975); Downing v. Bird, 100

Boyd v. Lane

335 So. 2d 324, 1976 Fla. App. LEXIS 13867

District Court of Appeal of Florida | Filed: Jun 16, 1976 | Docket: 64554517

Published

prior to June 5, 1939, the effective date of F.S. 95.18 and F.S. 95.19.2 It is readily apparent that

Robinson v. Holmes

235 So. 2d 542, 1970 Fla. App. LEXIS 6433

District Court of Appeal of Florida | Filed: May 13, 1970 | Docket: 64514717

Published

J., and MANN, J., concur. . Florida Statute § 95.18 (1967), F.S.A. . Florida Statute § 95.19 (1967)

Forman v. Ward

219 So. 2d 68, 1969 Fla. App. LEXIS 6139

District Court of Appeal of Florida | Filed: Feb 20, 1969 | Docket: 64508498

Published

accordance with the requirements set out in Section 95.18, Florida Statutes, F.S.A. Although appellant

Lykes Bros., Inc. v. Brautcheck

106 So. 2d 582

District Court of Appeal of Florida | Filed: Oct 22, 1958 | Docket: 60191188

Published

statute referred to in the above quotation is § 95.18, Fla.Stat., 1957, F.S.A., which reads as follows: