Squatters Rights Florida Summary
Statutory Period
7 years of continuous possession with color of title or payment of property taxes
Primary Statute
Florida Statutes § 95.16, § 95.18
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- For claims without color of title (§ 95.18): Filing a return with county property appraiser
- Payment of all property taxes for 7 years
- Protection by substantial enclosure or cultivation/improvement
- Possession must be continuous and uninterrupted
Squatters Rights 30 Days Florida
There is a widespread misconception that squatters in Florida can gain legal rights after just 30 days of occupation. This claim is completely false and has no basis in Florida state law. Understanding the actual legal requirements is important for both property owners and occupants.
Origins of the 30-Day Myth in Florida
This misinformation stems from several sources:
- Confusion with tenant laws: Florida's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Florida is 7 years with payment of property taxes and other requirements, not 30 days.
- Eviction process timelines: Florida's formal eviction process can take several weeks, creating the false impression that squatters have gained rights during this procedural period.
- Florida's unique return filing requirement: Florida requires adverse possession claimants to file a formal return with the property appraiser, which is often misunderstood.
Florida's 2025 Squatter Removal Process
Florida law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Florida's criminal trespass laws (Florida Statutes § 810.08-810.09)
- Florida offers an unlawful detainer process specifically designed for removing non-tenant occupants (Florida Statutes § 82.01-82.111)
- Florida's ejectment action provides another legal remedy for removing unauthorized occupants claiming an interest in the property
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Florida has strengthened its unlawful detainer laws to expedite the removal of squatters
Important 2025 Update: Florida has updated its unlawful detainer statutes to provide clearer guidelines for removing unauthorized occupants. The state has also clarified that filing an adverse possession return with the property appraiser does not create any immediate rights to possession. For actual adverse possession in Florida, a claimant must occupy the property for 7 years, pay all property taxes, and meet other strict requirements, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Florida
Key information about squatter's rights in Florida
Florida has one of the most detailed and specific adverse possession statutes in the United States, requiring not only 7 years of possession but also formal filing requirements with the county property appraiser. These requirements make successful adverse possession claims in Florida relatively rare.
Two Statutory Paths
Florida provides two different paths to establish adverse possession:
- With Color of Title: 7 years of possession under Florida Statutes § 95.16
- Without Color of Title: 7 years of possession plus filing a return with the property appraiser under Florida Statutes § 95.18
Both paths require payment of all property taxes during the 7-year period.
Reference: Florida Statutes
Common Law Elements
To establish adverse possession in Florida, the following elements must be proven:
- Actual: Physical occupation of the property
- Open and Notorious: Visible use that would be obvious to the true owner
- Exclusive: Using the property as if the possessor were the owner
- Hostile: Possession without the owner's permission
- Continuous: Uninterrupted possession for the entire 7-year period
Unique Return Filing Requirement
Florida's adverse possession law without color of title (§ 95.18) has a unique requirement:
- Claimant must file a return with the county property appraiser
- Return must include a legal description of the property
- Return must state how the property is being used
- Return must include the date the claimant entered into possession
- Property appraiser must provide a copy to the county tax collector
- Claimant must pay all taxes for the 7-year period
This formal filing requirement creates a public record of the adverse possession claim and makes it more difficult to establish adverse possession in Florida compared to many other states.
Statutory Time Requirements
Florida's laws provide specific timeframes for adverse possession:
- 7 years: Standard adverse possession period required for a claim to mature
This period must be continuous and uninterrupted. Any acknowledgment of the true owner's title or legal action will restart the statutory period.
Reference: Florida Statutes
Florida Adverse Possession Statutes
Florida Statutes § 95.16. Adverse possession under color of title
(1) When the occupant, or those under whom the occupant claims, entered into possession of real property under a claim of title exclusive of any other right, founding the claim on a written instrument as being a conveyance of the property, or on a decree or judgment, and has for 7 years been in continued possession of the property included in the instrument, decree, or judgment, the property is held adversely. If the property is divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract. Adverse possession commencing after December 31, 1945, shall not be deemed adverse possession under color of title until the instrument upon which the claim of title is founded is recorded in the office of the clerk of the circuit court of the county where the property is located.
(2) For the purpose of this section, property is deemed possessed in any of the following cases:
(a) When it has been usually cultivated or improved.
(b) When it has been protected by a substantial enclosure. All land protected by the enclosure must be included within the description of the property in the written instrument, judgment, or decree. If only a portion of the land protected by the enclosure is included within the description of the property in the written instrument, judgment, or decree, only that portion is deemed possessed.
(c) When, although not enclosed, it has been used for the supply of fuel or fencing timber for husbandry or for the ordinary use of the occupant.
(d) When a known lot or single farm has been partly improved, the part that has not been cleared or enclosed according to the usual custom of the county is to be considered as occupied for the same length of time as the part improved or cultivated.
Florida Statutes § 95.18. Real property actions; adverse possession without color of title
(1) When the possessor has been in actual continued possession of real property for 7 years under a claim of title exclusive of any other right, but not founded on a written instrument, judgment, or decree, the property actually possessed is held adversely if the person claiming adverse possession made a return of the property by proper legal description to the property appraiser of the county where it is located within 1 year after entering into possession and has subsequently paid all taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality.
(2) For the purpose of this section, property is deemed to be possessed if the property has been:
(a) Protected by substantial enclosure; or
(b) Cultivated, maintained, or improved in a usual manner.
(3) A person claiming adverse possession under this section must make a return of the property by providing to the property appraiser a uniform return on a form provided by the Department of Revenue. The return must include all of the following:
(a) The name and address of the person claiming adverse possession.
(b) The date that the person claiming adverse possession entered into possession of the property.
(c) A full and complete legal description of the property that is subject to the adverse possession claim.
(d) A notarized attestation clause that states:
UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING RETURN AND THAT THE FACTS STATED IN IT ARE TRUE AND CORRECT. I FURTHER ACKNOWLEDGE THAT THE RETURN DOES NOT CREATE ANY INTEREST ENFORCEABLE BY LAW IN THE DESCRIBED PROPERTY.
(e) A description of the use of the property by the person claiming adverse possession.
(f) A receipt to be completed by the property appraiser.
(g) Dates of payment by the possessor of all outstanding taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality.
Important Legal Notes
- Florida requires a full 7 years of possession for both paths to adverse possession (with or without color of title).
- For claims without color of title, Florida has a unique requirement to file a formal return with the county property appraiser within 1 year of taking possession.
- Payment of all property taxes is required for the entire 7-year period.
- The 2011 amendments to Florida's adverse possession law (§ 95.18) significantly strengthened the requirements for claims without color of title.
- Florida courts have consistently held that strict compliance with all statutory requirements is necessary for a successful adverse possession claim.
Key Florida Adverse Possession Cases
Downing v. Bird (1958)
This landmark Florida Supreme Court case established that adverse possession claims must be proven by "clear and convincing evidence" rather than a mere preponderance of the evidence. The court emphasized that the burden of proof is on the claimant to establish all elements of adverse possession, and any doubts must be resolved in favor of the legal titleholder.
Seton v. Swann (2012)
The Florida Supreme Court addressed the 2011 amendments to Florida Statutes § 95.18, confirming that the new requirements for filing a return with the property appraiser apply to all adverse possession claims without color of title initiated after the amendment date. The court emphasized that strict compliance with the statutory filing requirements is mandatory.
Candler Holdings Ltd. v. Watch Omega Holdings (2015)
This case addressed the "substantial enclosure" requirement in Florida, with the court holding that the enclosure must clearly indicate the boundaries of the claimed property and demonstrate an intent to exclude others. The court noted that what constitutes a substantial enclosure may vary depending on the nature and location of the property, but must be more than minimal or token improvements.
Sembler v. Thorpe (2010)
The Florida District Court of Appeal clarified that for boundary dispute cases, the claimant must still satisfy all statutory requirements for adverse possession, including tax payments. The court rejected the argument that minor encroachments should be treated differently, emphasizing Florida's strict adherence to statutory requirements regardless of the size of the disputed area.
Florida Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Florida, a claimant typically must:
- For claims without color of title: File a return with the county property appraiser within 1 year of taking possession, using the form provided by the Florida Department of Revenue
- Pay all property taxes and special assessment liens for the entire 7-year period
- Maintain actual, open, notorious, exclusive, and hostile possession for 7 continuous years
- Protect the property with a substantial enclosure or cultivate/improve it in a usual manner
- After the 7-year period, file a quiet title action in the Circuit Court of the county where the property is located
- Present evidence meeting Florida's "clear and convincing evidence" standard
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the county clerk's office to establish clear title to the property.
Defending Against Squatters
Florida property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries and the entire property
- Ensuring timely payment of all property taxes
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Taking legal action against unauthorized users before the 7-year statutory period expires
- Checking with the county property appraiser to see if anyone has filed an adverse possession return on your property
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the 7-year statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Florida provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request assistance from law enforcement to remove unauthorized occupants under Florida's criminal trespass laws (Florida Statutes § 810.08-810.09).
- Unlawful Detainer Action: Florida offers a specific legal process for removing non-tenant occupants:
- File a complaint for unlawful detainer with the county court (Florida Statutes § 82.01-82.111)
- The court will issue a summons requiring the occupant to respond within 5 days
- Attend the hearing (typically scheduled promptly)
- If successful, obtain a judgment for possession
- Have the sheriff execute a writ of possession to remove the squatters
- Ejectment Action: For situations where the squatter claims some interest in the property, an ejectment action may be necessary (Florida Statutes § 66.021).
Important: Florida law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Florida to claim adverse possession?
In Florida, the statutory period for adverse possession is 7 years of continuous possession, along with payment of all property taxes during that period. For claims without color of title, the possessor must also file a formal return with the county property appraiser within 1 year of taking possession. The "30-day squatter's rights" claim is completely false - no one can gain ownership rights to your property after just 30 days of occupation.
What is the "return" that must be filed for adverse possession without color of title in Florida?
Florida Statutes § 95.18 requires anyone claiming adverse possession without color of title to file a formal return with the county property appraiser within 1 year of taking possession. This return must include a legal description of the property, the date possession began, how the property is being used, and a notarized attestation. The property appraiser then forwards a copy to the tax collector. This unique requirement creates a public record of the claim and makes it more difficult to establish adverse possession in Florida.
What constitutes a "substantial enclosure" in Florida?
Florida courts interpret "substantial enclosure" to mean improvements that clearly indicate the boundaries of the claimed property and demonstrate an intent to exclude others. This might include fencing, walls, hedges, or other physical barriers that clearly delineate the property boundaries. The enclosure must be substantial enough to give notice to the true owner and the public of the adverse possessor's claim to the property, though what qualifies may vary depending on the nature and location of the property.
Can I legally remove squatters from my property in Florida?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request law enforcement assistance under Florida's criminal trespass laws. In other cases, you must use Florida's unlawful detainer process (for non-tenant occupants) or an ejectment action (if the occupant claims some interest in the property). "Self-help" methods like changing locks or cutting off utilities are illegal in Florida and could result in liability for the property owner.
Does filing an adverse possession return with the property appraiser give the squatter any immediate rights?
No. The 2011 amendments to Florida Statutes § 95.18 explicitly state that filing a return "does not create any interest enforceable by law in the described property." The return is merely a procedural requirement for potential future adverse possession claims and does not grant any immediate rights to the property. The possessor must still complete the full 7-year period and meet all other statutory requirements before they can file a quiet title action to legally claim the property.
How can I check if someone has filed an adverse possession return on my property?
You can contact your county property appraiser's office and ask if any adverse possession returns have been filed on your property. Since the law requires the property appraiser to maintain these records, they should be able to tell you if anyone has filed such a claim. If you discover that someone has filed a return on your property, you should take immediate legal action to remove the unauthorized occupant before they can complete the 7-year statutory period.