Compare Mortgage Quotes

Refinance Rates for Today

Please enable JavaScript for the best experience.

In the mean time, check out our refinance rates!

Company Loan Type APR Est. Pmt.

Adverse Possession - State of Florida

Posted on: 05th Jan, 2006 04:39 am
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)
Hi Sherry,

If your parents are also living in the property, then I don't think you'll be able to claim adverse possession. Nevertheless, you should speak to the local attorney and take his opinion in this matter.

Thanks
Posted on: 20th Oct, 2010 12:46 am
My parents doesn't live in the house.
Posted on: 20th Oct, 2010 08:19 am
Hi Sherry!

Welcome to forums!

In that case, you can contact your local attorney and check out your state laws regarding adverse possession. He will be able to guide you in this regard.

Feel free to ask if you've further queries.

Sussane
Posted on: 21st Oct, 2010 02:59 am
It was me above... just forgot to log in :-)
Posted on: 21st Oct, 2010 03:02 am
Our father left a condo to us in a trust. My brother wants the condo to himself adn his children want to live there. We are both benificiaries in the trust adn thus own the condo equally.

Can he or his family try to get the condo through adverse possession?
Posted on: 09th Jan, 2011 08:57 am
The condo is in the state of Florida.
Posted on: 09th Jan, 2011 08:59 am
My husband and I allowed his mom, dad and brother to move into our second home so that they would have a safe environment to live in. It has been 12 years and they have never paid rent. We are starting to have problems with the brother who cares for his parents? Can he file an adverse possession claim against us in the state of Missouri? What should we do to protect ourselves from this happening?
Posted on: 20th Jan, 2011 09:58 am
Hi Guest,

If the brother and mother-in-law has not maintained the property or paid taxes for that property, then they won't be able to claim adverse possession claims on that property. Nevertheless, you should contact an attorney and he will be able to guide you in this matter in a better way.
Posted on: 20th Jan, 2011 11:23 pm
I LIVE ON THE INTERCOASTAL (CORNER LOT) IN FLORIDA. BACK IN THE 60'S THIS RIGHT OF WAY WAS USED FOR PEOPLE TO WALK DOWN ON A DOCK THAT IS THERE. WHEN WE WERE HIT BY A HURRICANE I SPENT MONEY TO SHORE UP THE NORTH SIDE OF THE PROPERTY THAT DIDN'T HAVE A SEAWALL AS WELL AS MAINTAIN MANGROVES. THE DOCK IS ON MY PROPERTY TAXES AND I HAVE PULLED PERMITS TO MAINTAIN THE DOCK THEREFORE OVERTIME THE DOCK IS OWNED BY ME. I MAINTAIN THOS RIGHT OF WAY WHICH IS CONNECTED TO THE LAND I SHORED UP. THERE IS NO USE FOR THIS RIGHT OF WAY ANYMORE. DO I HAVE A GOOD CHANCE OF TAKING OWNERSHIP OF THIS LAND VIA ADVERSE POSSESSION? THANKS FOR ANY ADVISE U OFFER.
Posted on: 22nd Mar, 2011 11:23 am
Welcome Guest,

If you're paying property taxes for that portion of the property, you will be able to claim the property through adverse possession. I will suggest you to contact an attorney and take his opinion in this matter. He will be able to guide you in a better manner.
Posted on: 23rd Mar, 2011 12:38 am
I have found an abanded property I have researched it and found the owners names, I mailed a letter to the owner and the owners son, looks like the son payed the taxes for the last two years this year. The letter to the parents was returned undeliverable, the one to the son was not returned or he did not respond. The home has not been lived in for at least three years it is grown up and someone has taken the appliances the air conditioner unit and some window units, you can see where they were, also the wiring has been cut out. My question is can I legally file adverse possesion and move in and make the necessary repairs to live there? I am in Florida. Thanks
Posted on: 22nd Jul, 2011 05:58 am
mobile home on my land vacant 2 months how long to apply for title how to get possession messy yard, messy mobile home i have to clean both.
Posted on: 31st Jul, 2011 07:30 am
Hi Joyce,

I don't think you will be able to move into the property and claim adverse possession unless you fulfill all the requirements as per the state laws. I will suggest you to contact an attorney based in your state and take his opinion in this regard before taking any actions.

Hi Lucy,

You will have to contact an attorney well versed with your state laws about adverse possession and he/she will guide you in this regard.

Thanks
Posted on: 31st Jul, 2011 07:52 pm
You own over 50% share of a vacant lot. You pay all taxes and HOA dues for 9 years. You don't know where the other owners live. Do you have any rights under adverse possession? Florida.
Posted on: 25th Aug, 2011 03:37 am
Hi KN!

Welcome to forums!

You may claim adverse possession depending upon the laws of Florida. You should contact a real estate attorney and he will further assist you in claiming adverse possession.

Feel free to ask if you've further queries.

Sussane
Posted on: 25th Aug, 2011 11:07 pm
Page loaded in 0.124 seconds.