Florida Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors - Squatters Rights

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US-00527BG
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Description

This affidavit is an example of an affidavit that might be used in an abstract of land title. Such an abstract will set forth all important actions which are relevant to the title, such as filings of liens and encumbrances, any and all conveyances, transfers, and assignments, and other facts relevant to the claimant's title. An abstract of title will also note the status of liens and encumbrances, showing whether they have been released or not.


Neighbors may testify that the adverse claimant occupied the land for a certain period of time. Affidavits may prove useful to the adverse claimant by establishing the claim as being adverse to that of any other persons.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Every American jurisdiction has one or more statutes of limitations that fix the period of time beyond which the owner of land is unable to bring action, or undertake self-help, for the recovery of land from another person in its possession. In the state of Florida, this is seven (7) years.

Squatters, trespassers, and encroachers may, over time and by complying with the statute and paying taxes, gain ownership rights to Florida property. If you're a property owner in the Sunshine State, you likely have several neighbors whose land borders yours.

In Florida, the requirements for adverse possession include the following: (1) the person claiming adverse possession must possess the land openly, notoriously, and in a visible manner such that it is in conflict with the owner's right to the property; (2) this person must either have some sort of title on which to

Claiming adverse possession of registered landAfter 10 years in possession of a piece of registered land, you are entitled to apply to the Land Registry for Possessory Title of the land that you are occupying. If your possession can be proven, a successful application will mean that you become the 'owner' of the land.

An application can be made if certain common law and statutory requirements are met and so long as the adverse possessor has been in possession of the land for a sufficient period of time (usually 10 or 12 years).

An example of applying Florida's adverse possession lawHe cites Florida's adverse possession law that allows a person to acquire title to a property owned by another if they openly occupy the land and pay real property tax for at least seven years.

Florida adverse possession laws require claimants to occupy a given property for at least 7 years and either under "color of title" or payment of property taxes for seven years.

North Carolina's statutory period for adverse possession is twenty years. This means that the adverse possessor must fulfill the above requirements for twenty years before they have a valid claim for adverse possession.

A judge may add further conditions to the possession law at any time. Even if your trespasser meets the conditions, you may still try the case in court, depending on the advice of your lawyer. Most cases of adverse possession can be prevented by politely asking the trespasser to withdraw from the property.

Florida adverse possession laws require claimants to occupy a given property for at least 7 years and either under "color of title" or payment of property taxes for seven years.

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Florida Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors - Squatters Rights