Property Rights & Ownership

    Adverse Possession

    A way to gain legal title by openly possessing another owner's land without permission for the period the law requires, which is 7 years in Florida.

    Adverse possession can transfer title to someone who possesses another person's land in a way that is open, notorious, continuous, exclusive, and hostile, meaning without the owner's permission. In Florida the possession must continue for 7 years. When the claim is based on possession without color of title, the possessor must also pay the property taxes during that period.

    Permission from the owner defeats the claim, because the possession is then no longer hostile.

    On the exam

    Florida requires 7 years of open, notorious, continuous, exclusive, and hostile possession. The tax-payment requirement applies to claims without color of title.

    Exam trap

    If the owner gave permission, the use is not hostile and adverse possession cannot succeed.

    Tested in

    Property Rights (8% of the exam)

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    This definition is Florida real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.