Legal Question in Real Estate Law in Florida

The property next to mine is abandoned and no owner can be found

The property adjacent to my home is abandoned consisting of two pieces of property, with two houses that are falling down. It has been this way for as long as I have lived here (over 3 years). The owners of the houses have disappeared. A real estate agent has tried, without success, to local either owner, one may have left the country.

My Question is: Can I use this property? I know England has squatting laws where abandoned property can be claimed, is the same true here? And how would I go about claiming the property?


Asked on 5/25/00, 12:44 pm

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Adverse Possession and Murphy/Tax Deeds

FACTS: Two falling down abandoned houses are adjacent to my home. Been this way for over 3 years. Owners have disappeared. Real estate agent tried to local owners without success.

Question: Can I use these properties? Can abandoned property can be claimed? How would I go about claiming the property?

A. Yes, Fla. does have similar laws that deal with Adverse Possession. You must be under Color of Title, surrender the same to the Tax Collector and pay taxes while openly and adversely possessing the property for seven years. Then you file a Quiet Title suit.

You can also buy up past due tax certificates and while paying current real estate taxes, hold them for two years. Then you can have the tax collector auction the properties at a publically noticed sale where you will get credit for all the certificates you own and the money you must advance for the tax sale. The Deed you get from the Clerk is called a Murphy's Deed or Tax Deed.

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Answered on 7/06/00, 2:19 pm


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