Adverse Possession - State of Florida

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Post Posted: Thu Jan 05, 2006 5:39 am    Post subject: Adverse Possession - State of Florida
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I have a question about my parents property. My parents have lived in their home since August of 1974; now the area is going industrial and all the homes are being bought out by developers. Our parents had their property surveyed in 1990 and it turns out that some of the land which they thought they owned isn't their property. And not only is some of the land not theirs it seems that about 10 feet of their house also sits on this property. As I stated my parents have lived in this house since August 1974 and no one has ever come around claiming to own the patch of land. My parents researched this piece of land and it was sold in 1997. But as I've already stated in the 31 plus years that my parents have lived there no one has ever come around to claim that piece of land. The previous owners had put up a fence around that land as well as the house. My parents have maintained that piece of land as well as a piece in their backyard which according to the surveyor belongs to both my parents and another person who hasn't been around since about 1991.

How can my parents handle this situation as there are people who want to buy their property...but have asked my parents to take money out of their pockets and pay for the pieces of land in question. I would think that if my parents pay someone for these 2 pieces of land, then they have bought that land and it would then become my parents land to sell...am I correct?

Thanks for any info which you can provide.

Manuel (from Florida)
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Post Posted: Thu Jan 05, 2006 5:51 am    Post subject: RE
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Hi, Manuel

Under Florida Code �95.16-.18 the duration of possession of property title is 7 years and pay the assessed taxes.

As you have said that your parents are there since 1974, so as per law that property belongs to your parents only. If you want to play bit safe then you can consult your local attorney about this. The attorney can tell you about the adverse possession florida statute correctly. The attorney is the best person to tell you about how to file an adverse possession florida.

That property is totally under your parents control and the reason those guys are saying like that as they think themselves more powerfull but you dont have to worry as the law is with you.

Thanks

Adonis
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Post Posted: Thu Jan 05, 2006 10:06 am    Post subject:
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Hi Manuel,

As per the adverse possession florida law, if you possess a land for a period of 7 years or more without any dispute and paying the relevant taxes on it then you become the owner of the land through adverse possession.

But you need to have paid the taxes on a regular basis or should have a written instrument of record. You also need to know how to file for adverse possession florida.

If any of the above of the above criteria is met then there should not be any problem and your parents become the owner of the disputed automatically.

There are some discussions held here on adverse possession previously which may be useful to you.


Regards,
Blue
Maria DeVito

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Post Posted: Sun Jun 01, 2008 11:37 am    Post subject: Easement by Prescription
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I own a Townhouse Condominium in Pinellas County. To my knowledge when I purchased in 1995 I was told I can build an addition, which is a screened-in room which extended the bak porch as every other of the 42 Townhomes had already done. Also, I was told the a portion of grassy area adjacent to the screen room was part of my small backyard, as every other townhouse was using. We are a community of 240 units the balance of these unit owners reside in two midrise buildings on to the right and left of the 42 Townhomes which are in three rows. These areas in our backyards were common property, however, for over 20 years they have been utilized as I just explained. Some of the building dwellers are starting to say that we should pay higher maintenance fees because of this situation and also want us to remove our barbeques because they are not, by law, able to put one on their terrace. One of these unit owners recently put a barbeque in the pool area and chained it to the fence. This is against our by-laws. Because they were asked to remove it, they are now saying all the townhome owners must remove their's because it's on common property.
Therefore, my question is "isn't the property that the Townhouse owners use fall under the laws of "Easement by Prescription"?

Thank you for helping me clear this up.

Sincerely,
Maria DeVito
"ria611@bellsouth.net"

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Icon Mini Profile Niicss
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Post Posted: Mon Jun 02, 2008 4:09 am    Post subject: adverse possession florida pinellas county rules
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Hey Maria.

I feel with adverse possession, 21year is required for establishing an easement by prescriptive use. But you have mentioned that the common property has been utilized for 20 years. So it may not fall under the laws of Easement by Prescription. By the way I am not an attorney and you should consult with one.

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Post Posted: Sat Jul 26, 2008 11:53 am    Post subject: Self executed quit claim deed and adverse possession
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This is really messy so I'll bullet the points:
1) My Grandmother and her daughter purchase a home in 1958
2) Both are deceased without a will
3) There are currently 12 grandchildren
4) After some years of renting the home, the daughter (partner owner) youngest son then allowed one of the grandchildren live in the home with the understanding that they would be responsible for taxes as well as the upkeep of the home - but did not have to pay rent. This was in 1994.
5) In 1996 this grandchild, without the knowledge of any family member, prepared a quit claim deed and made themselve beneficiary to the latest deceased owner that happened to be the daughter.
6) Then that grandchild proceeded to take a mortgage out on the house
7) The home was foreclosed in 2005
Cool It was upon eviction that anyone in the family knew.

Is there any thing that can be done?
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Post Posted: Mon Jul 28, 2008 10:16 am    Post subject: RE: contact attorney
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Well, the best thing that you can do is contact an estate planning attorney as he'll be able to guide you on property issues specific to your state.

my god bless you

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Post Posted: Wed Aug 13, 2008 1:17 pm    Post subject: whose furniture is it?
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twenty three years ago I moved into a house owned by my mother at her request because of complaints she was getting about my younger brother and his friends from neighbors. I had divorced the year before and thought why not, it was a bigger house than the one I was living in.

I was not asked to pay rent or anything. but I did spend quite a lot of money on the maintainence and upkeep of the home over the next twenty + years.

In 2004 I lost my job of eleven years and I worked another for a year and a half and then another for about a year, but then I could not seem to find a job worth having. Mean while my daughter had a child, bi racial, and suddenly I am getting legal notices to move etc, etc. and there were some other things that occurred, but my mother and her husband hired an attorney and took me to court to get out.

My daughter, my self and her children moved. I left thousands of dollars in furnishings, and other property that was mine. The house was so hot and the mold in the walls the animals in the attack all made the house unbearable. These people did nothing in all the years to upkeep the house, because I did. I serviced the ac yearly, upgraded the home as much as possible going into debt, they offered no help knowing the home was getting more and more in disrepair and that I was not working, it was sad, just because I was living in the home, yet had no resource. Now I have moved and now they want some furniture my mother left behind over twenty years before when she moved out.

These people have nothing better to do than to horrace me. I have been my mothers whipping post for years now I am gone and she still tries. I am working on my MBA, trying to build a business in Insurance sales and studying to get a federal government job, they have no life so they do all they can to upset mine.

My qestion is, this funiture was abandon by her 23 years ago, when I first moved into the house she took a few pieces of furniture left it outside and it rotted. I do not want to see my grandmothers things ruined any more. Can she suddenly come back aftger 23 years and claim
ownership?

Why did she say nothing at the previous court hearing?This is everything to do with racial pregidous. My daughter has been ousted from the family and me as the mother have as well.




Please advise, HELP!!!!

Mary C
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Post Posted: Thu Aug 14, 2008 5:36 am    Post subject: RE:
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Hi Mary,

Welcome to the forums.

I do understand what you're trying to say. If it's all due to racial prejudices, then that's too bad. I mean why does people make such a lot of fuss about small issues, that too, with someone's furniture. Since your mother owned the home, therefore, she has a right to claim the furniture, even though she didn't maintain them properly. But i do understand your feelings and I wish that she doesn't claim those.

Take care

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Post Posted: Sun Sep 07, 2008 3:01 pm    Post subject: adverse possession florida
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mother divorced in 1982. House should have been sold at the anniversary date 1984. In 2007 her ex-spouse quit-claimed deed the his interest to his son. 5 months later she quit-claimed her interest to me. Now after 26 years he has filed an adverse possession against her. She stills lives in the house and has paid off the mortgage in 1996. She lives in Florida.
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Post Posted: Mon Sep 08, 2008 3:49 am    Post subject: "adverse possession florida"
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I suppose your mother is staying in her own property, right? so how come the ex-spouse file adverse possession? I guess you need an attorney to settle this issue. The attorney will know the adverse possession florida law in detail. He/she can also tell you how to file an adverse possession florida in the right way.
Jeri

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Post Posted: Thu Oct 16, 2008 2:28 am    Post subject: Property in FL
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My daughter owned a condo in FL and took out a mortgage. She andI are both on the deed but only her name is on the mortgage loan. She is now in foreclosure. Am I responsible for the mortgage loan?
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Post Posted: Thu Oct 16, 2008 3:34 am    Post subject:
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Hi Jeri!

You will not be responsible for the mortgage but you can pay the debts if you want to save the property.

Thanks,

Jerry
george trifelos

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Post Posted: Fri Dec 12, 2008 5:24 pm    Post subject: drainage easement:50 feet;government used only 15 feet=30 ye
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Can the government expant their use to 50 feet, which destroys adjacent trees and natural growth adjacent to the currrent ditch which has existed for 100 years? The natural growth is between two rows of private homes, which have enjoyed what amounts to a natural preserve.
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Post Posted: Sat Dec 13, 2008 3:17 am    Post subject:
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Hi george trifelos

It will depend upon the state laws. You will have to check your state laws and see if anyone can encroach upon the natural preserve of the region.

Thanks.

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