Legal Question in Real Estate Law in Florida

Adverse Possession

There is a 49'x101' piece of land that

is immediately next to another

property. When the subdivision was

platted, the smaller piece of land was

intended as a park. It says so on the

plat and was to be for the perpetual

use of the public. At the same time,

it was written that the land would be

deeded over to the civic assn. that

exists on the island where the land is

located. The man who lives next door

intends to file adverse possession. He

says noone else has maintained the

land as he has. (Others have done

so). Can he file adverse possession?


Asked on 9/16/07, 11:29 am

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Adverse Possession

Yes, he can file. Based on how I interpret what you said, it is extremely unlikely he will prevail.

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Answered on 9/17/07, 1:33 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Adverse Possession

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.

With the minimal information you provided, it is impossible to give you any valid response. Has this man been in actual possession of the property to the exclusivity of everyone else? Has the man paid the taxes on this property? If not, who has been? Is the property already deeded to the Association? How long has the man maintained the property - and what exactly has he done? Has any other person or entity also maintained it? The questions go on and on.

Florida law makes it very hard for anyone to obtain property by adverse possession. For more information please see Florida Statutes 95.16 and 95.17 .

Scott R. Jay, Esq.

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Answered on 9/16/07, 3:50 pm


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