Adverse Possession

[kellyjane]

Can adverse possession in the state of Florida apply to a residential home that has been abandoned and neglected? No results with extensive attempts to locate and contact the owner, property appraiser's office shows delinquent taxes but no mortgage info, clerks office shows no foreclosure, but there is a Lis Pendens from 2 yrs ago. Also in Florida law, adverse possession without color of title, what does it mean to "make a return of the property to the property appraiser witinin one (1) year after entering into possession" ??What is the name of your state (only U.S. law)?

 

[justalayman]

=kellyjane;2530777]Can adverse possession in the state of Florida apply to a residential home that has been abandoned and neglected?

yes, if you meet the other requirements

No results with extensive attempts to locate and contact the owner, property appraiser's office shows delinquent taxes but no mortgage info, clerks office shows no foreclosure, but there is a Lis Pendens from 2 yrs ago.

Ok.

Also in Florida law, adverse possession without color of title, what does it mean to "make a return of the property to the property appraiser witinin one (1) year after entering into possession" ??

you have to file with the office noted your claim of adversely possessing the property in the manner prescribed.

 

[latigo]

What does it mean to "make a return of the property to the property appraiser within one (1) year after entering into possession?

You are referring to Florida Statutes Section 95.18 “Real property actions; adverse possession without color of title.”

The “return” is known as the Adverse Possession Form and can be obtained from the Florida Department of Revenue, or perhaps the county appraiser’s office.

To initiate an adverse possession claim the adverse possessor/claimant must within one year of taking possession file a signed notarized report with the appraiser’s office in the county where the property is located specifying:

(1) the date of entering into possession of the property;
(2) the name and address of the claimant; and
(3) the legal description of the property.

I assume that you have read the applicable Florida statutes setting forth the requirements in order to acquire title under the doctrine of adverse possession including the payment of all taxes assessed against the property AND the need to ultimately quiet title by legal proceedings.

Which will require the services of a knowledgeable attorney and will be costy!

I have done many and I am defintely not looking forward to the next one They are a pain!