Florida Statutes
Fla. Stat. § 95.21 (2025)
Adverse possession against lands purchased at sales made by executors.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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95.21 Adverse possession against lands purchased at sales made by executors.—The title of any purchaser, or the purchaser’s assigns, who has held possession for 3 years of any real or personal property purchased at a sale made by an executor, administrator, or guardian shall not be questioned because of any irregularity in the conveyance or any insufficiency or irregularity in the court proceedings authorizing the sale, whether jurisdictional or not, nor shall it be questioned because the sale is made without court approval or confirmation or under a will or codicil. The title shall not be questioned at any time by anyone who has received the money to which he or she was entitled from the sale. This section shall not bar an action for fraud or an action against the executor, administrator, or guardian for personal liability to any heir, distributee, or ward.
History.—s. 1, ch. 3134, 1879; RS 1293; GS 1724; RGS 2938; CGL 4658; s. 1, ch. 20954, 1941; s. 3, ch. 22897, 1945; s. 15, ch. 74-382; s. 1, ch. 77-174; s. 525, ch. 95-147.
Notes of Decisions
Cited in 2
cases, 1958–1978 · leading case: Morgan v. Amerada Hess Corp., 357 So. 2d 1040 (Fla. 1st DCA 1978).
Morgan v. Amerada Hess Corp., 357 So. 2d 1040 (Fla. 1st DCA 1978). “Appellees also rely upon § 95.21, Florida Statutes, to defeat this action.”
In re the Guardianship of Adams, 99 So. 2d 723 (Fla. 2d DCA 1958). “All other laws and parts of laws in conflict with this Act, or any part thereof, except Section 95.21, Florida Statutes, 1941, and except as provided in Section 744.”
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