Legal Question in Real Estate Law in Florida

Re: family land

Property law is different in Florida so you should talk to a Florida attorney. If the land had been located in Mississippi, a co-tenant is entitled to an accounting from the co-tenant in possession for the rents and profits from the land. An accounting would include dividing the rents and profits between the co-tenants.

A word of caution though, if the brother is giving unequivocal notice of some kind to the cotenant not in possession that he intends to hold and claim ownership of the property to the exclusion of all others, he may be effecting an ouster of the co-tenants' rights. However, evidence of acts by the cotenant not inconsistent with cotenancy, such as using the land and paying taxes on it, do not constitute an ouster of the other co-tenants. If he is effecting an ouster, legal action such as requiring an accounting or partitition will be necessary to advoid adverse possession of the property's title. In Miss., adverse possession requires proof of 10 years open and notorious possession after the ouster. Bacot v. Duby, 724 So.2d 410 (Miss. CoA 1998) is an analogous case.