Quote:
Originally posted by Rodeo
I can't believe no one has brought up adverse possession. In my state, and many others, if that house was encroaching on the land for 10 or more years, THE LADY OWNS IT. And if her yard is on the side of her house and she (or prior owners) has cared for it for ten or more years, THE LADY OWNS THE SIDEYARD TOO.
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In Florida, the time period is 7 years, and arises under two situations. Under the first, the AP must make return of the property description to the county appraisor and pay taxes thereon. The land must also be fenced or maintained. It seems here that unless the land is described in the deed. Second, if the lot is described in the dead then it is under color of title and the previously discusses AP actions need not be made. My understanding is the description is not in the deed. BTW, encrouchment onto the land for 20 years would satisfy the open, continuous, exclusive, notorious, and hostile elements.
In Florida, AP is all about paying taxes on the real property claimed.