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The Florida Senate

2004 Florida Statutes

SECTION 18
Real property actions; adverse possession without color of title.
Section 95.18, Florida Statutes 2004

95.18  Real property actions; adverse possession without color of title.--

(1)  When the occupant or those under whom the occupant claims have been in actual continued occupation 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 occupied shall be 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 shall be deemed to be possessed in the following cases only:

(a)  When it has been protected by substantial enclosure.

(b)  When it has been usually cultivated or improved.

History.--s. 7, ch. 1869, 1872; s. 6, ch. 4055, 1891; RS 1291; GS 1722; RGS 2936; CGL 4656; s. 1, ch. 19254, 1939; ss. 13, 14, ch. 74-382; s. 1, ch. 77-102; s. 523, ch. 95-147.