Legal Question in Real Estate Law in Florida
Adverse Posession/Water Rights
I purchased a property which has a house where the well is on the adjacent property. They had always been attached until two owners ago. The property is part of my homestead. The property has a rope around it and a sign stating ''do not drive on the well'' the well has poles sticking out of the ground. We have been responsible for correcting code violations on the property because they were attributed to my house. We use the property as our own. The owner of record is a defunct corporation. Taxes are unpaid for 6 years except one year I accidentally paid. I do not own any of the tax certs. How would I gain color of title? Should I pay the unpaid taxes? Am I entitled to claim the value of the property on my personal financial statement? If I do not have adverse possession do I have water rights or other? How would I find an attorney for this case? (My real estate attorney has a conflict of interest and other attorneys I spoke with say ''you can't just steal real property!'' which is not my intent.)
1 Answer from Attorneys
Re: Adverse Posession/Water Rights
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
This is far too complex of a question to obtain a valid response here. You need to consult an experienced real estate attorney who can review the title of both properties, the survey of the boundaries and the facts of your matter to determine what your rights may be. It could be as simple as buying a tax deed from the tax collector's office and obtaining title. Adverse possession is a very difficult way to obtain title in Florida. The attorney will have to review Chapter 95 of Florida Statutes with you in regards to the applicable laws to see if you might qualify to make a claim for the property.
Scott R. Jay, Esq.
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