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Adverse possession in Florida requires possession for:

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Question & Answer

Review the question and all answer choices

A

5 years

5 years is the required timeframe in Florida for adverse possession when the claimant pays property taxes during the possession period, not merely under color of title. This is a common misconception that confuses the two different statutory requirements in Florida law.

B

7 years

Correct Answer
C

10 years

10 years is the standard adverse possession period in many states without color of title or payment of property taxes. Students often assume this is the universal standard, but Florida has shorter requirements when specific conditions are met.

D

20 years

20 years represents the traditional common law adverse possession period and applies in Florida only when the claimant does NOT have color of title and does NOT pay property taxes. This is the longest statutory period in Florida and not applicable to this question's scenario.

Why is this correct?

Florida Statute 95.16 specifically requires 7 years of continuous adverse possession under color of title. This means the possessor must have a document that appears to grant them legal ownership, even if it doesn't, and must possess the property openly and continuously for 7 years to potentially acquire title.

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