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Adverse Possession in the State of Florida: Statutory Analysis and Considerations

Donovan A. McFarlane

It is a fact that title to land may be acquired by holding it adversely to its true owner for a certain period of time. This is known as “Adverse possession.” Adverse possession is a highly controversial practice that the law provides a pathway for, and when it occurs, individuals’ rights, specifically property rights, as well as other rights are affected. This paper examines adverse possession in the State of Florida and the state’s statute regarding the elements and requirements of adverse possession. The author discusses several topics and issues related to adverse possession by providing general definitions of adverse possession and examining the justifications or purposes for adverse possession. The general elements or requirements of adverse possession and those specific to Florida Statute are presented with examples of cases involving adverse possession. The advantages and disadvantages of the application of the Statute in the State of Florida in modern times are discussed and the author explores whether or not the Statute on adverse possession should be modified, and recommends potential changes or modifications to the Statute on adverse possession. Finally, a summary of the findings on adverse possession is presented and several important remarks regarding adverse possession in general are presented to engage the readers’ minds in thinking about this practice from personal and non-personal point of views.