Adverse Possession arises when the true owner of record fails to maintain possession and the property is seized by another. If the true owner of record fails to maintain possession and the property is seized by another. If the true owner “sleeps on his rights” and does not use the legal means available to remove a hostile trespasser, the owner will lose the right to the property after a period of time. In Florida , the prson attempting to acquire property by adverse possession must comply with all the following conditions :
Hostile possession of the property (without owner’s permission), to the exclusion of the true owner or any who may contest it
Open possession with no attempt to conceal occupancy
Taxes paid on the property by adverse possessor during all the years of possession
Claim of title, even an imperfect one, exists (sometimes called color of title), thus creating a reasonable basis for action
Adverse possession must continue for seven or more consecutive years without the consent of the owner
Notorious and flagrant public possession of the property
Always seek competent advice before acquiring real property if the title is based on adverse possession.