WHAT IS AN ADVERSE POSSESSION? | Impacts on Sellers, Buyers, Agents, Title Processing & in CLOSING!

ADVERSE POSSESSION? Come again, Shayla??? Yea... I had no idea what it was either. But I learned the hard way during this transaction... let me tell you!
CALL me if you're going through it!!!
DEFINITION
Adverse possession is a legal principle that allows someone to claim ownership of a property through continuous possession, even if they don't have legal title to it. It's sometimes called "squatter's rights", but that's not the legal term.
In Florida, adverse possession is governed by Florida Statutes 95.16 and 95.18. These statutes outline the requirements for adverse possession with and without color of title.
Some requirements for adverse possession in Florida include:
Continuous possession
The possessor must have been in continuous possession of the property for seven years.
No written instrument
The possessor's claim of title must not be based on a written instrument, judgment, or decree.
Tax payment
The possessor must pay all outstanding taxes and special improvement liens within one year of taking possession.
Property return
The possessor must return the property to the county property appraiser within 30 days of paying the taxes.
Most cases of adverse possession can be prevented by politely asking the trespasser to leave. If that doesn't work, a lawyer can be retained to take the next steps.
HOW WOULD YOU KNOW YOU HAVE A CLAIM AGAINST YOUR PROPERTY
Yes, in Florida, you will be notified if someone files an adverse possession claim against your property:
Property appraiser
The property appraiser will notify you if someone files an adverse possession claim against your property. The appraiser will also note the claim in the public searchable property database.
Tax collector
The tax collector will send you a tax notice if someone is claiming ownership of a property by extending a fence or driveway over a property line.
You may also become aware of an adverse possession claim if:
You witness someone using or occupying your property without authorization
Neighbors or third parties notify you
If you receive notice of an adverse possession claim, you should respond quickly. Ignoring the claim or delaying your response could be interpreted as agreement to the claim. You should also gather evidence of your ownership, such as the deed, title insurance policy, and property tax records.
Florida's adverse possession law is found in Florida Statutes 95.16 and 95.18.
SOLUTIONS???
There are a number of ways to defend against an adverse possession claim, including:
Acting quickly
Take action as soon as you notice signs of trespassing. The sooner you act, the better your chances of preventing an adverse possession claim.
Communicate
Contact the person using your land without permission and assert your ownership rights. You can also try granting written permission for temporary use, or offer to rent the property to the trespasser.
File a lawsuit
If necessary, you can file a lawsuit to remove the trespasser or get a court order to remove any structures they've built on your property.
Apply for an injunction
You can apply for an injunction to prevent the trespasser from remaining on your land while your application is being processed.
Negotiate a deal
You can negotiate a deal with the trespasser, such as a license that allows them to remain on the property while still respecting your ownership rights.
Mediation
You can try mediation to settle the dispute with the help of an independent facilitator.
Hire a lawyer
A qualified real estate attorney can advise you on the best course of action to protect your property rights.
You can also take steps to prevent adverse possession claims, such as:
1 - Identifying and marking your property boundaries
2 - Regularly inspecting your land for trespassers
3 - Posting "No Trespassing" signs in visible locations
4 - Paying your property taxes on time
WHAT A CHALLENGE! If you go through this with me, I can much much better guide you. I hope that you never do though but CALL ME ANY TIME! Let's chat about this..... or the value of your Sarasota or island property!
Contact info is here:
SHAYLA TWIT, Star Team Principal
Coldwell Banker Global Luxury
443 John Ringling Blvd Suite F
Sarasota, FL 34236
CALL / TEXT: [phone]
EMAIL: [e-mail]
SEE PROPERTIES FOR SALE in Florida: www.shaylatwit...
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