The following information regarding adverse possession is being provided to assist in
understanding the adverse possession process. The Lake County Property Appraiser does not
provide legal advice and this information should not be construed as such. It is recommended
that any person(s) or entity intending to file a form DR-452 with the Property Appraiser review
Florida Statutes 95.16 and 95.18 pertaining to adverse possession and/or seek legal counsel.
Adverse Possession
Ownership of real property is typically established by deed or other legal instrument. Adverse possession is
a means of attempting to gain legal title to real property by continuous possession of the property for at
least seven (7) successive years in an open, notorious, and visible manner such that it conflicts with the
owner's right to the property.
In addition to the seven year requirement, Florida law requires that an adverse possessor meet either of the
two following requirements:
Adverse Possession under Color of Title: The adverse possession claimant must have some sort of title on
which to base a claim of title.
Adverse Possession without Color of Title: The adverse possession claimant has no claim to title and must
have paid property taxes on the land claimed to be adversely possessed.
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Adverse Possession under Color of Title
Florida Statute 95.16, relating to Adverse Possession under Color of Title, reads as follows:
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.
An adverse possessor can claim property under color of title if he meets the following two conditions:
1. The adverse possessor must show that the claim of title to the land is based on a recorded written
document (even if faulty). The adverse possessor must genuinely believe this document to be the
correct claim of title.
NOTE: This someti mes occurs when a record owner dies and the owners’ heirs convey the property to
another person without probating the estate first to establish the heirs of the estate. We normally suggest
that the occupant see an attorney before filing their adverse possession under color of title claim as this
sometimes can be cleared up with a simple probate of an estate.
