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Florida · TitleFlorida adverse possession: seven years, the property appraiser return and the tax-roll notation

Florida has two routes to adverse possession, each taking seven years of continued possession. Under color of title, the claim rests on a written conveyance, decree or judgment, and possession that began after 1945 doesn't count until that instrument is recorded with the county clerk (Fla. Stat. §95.16). Without color of title, the possessor must have paid all outstanding taxes and matured special-improvement installments within one year after entering, filed a return with the county property appraiser within 30 days after that, and kept paying the taxes for the remaining years (§95.18(1)). On receiving a return the property appraiser mails a copy to the owner of record, tells the owner that the owner's tax payment made before April 1 after the tax year has priority over the possessor's, and notes on the tax roll and in its public database that an adverse possession claim has been submitted. The notation and the return are removed when the claimant withdraws in writing, the owner produces a later court order establishing title, the claimant deeds the property to the owner, or the owner shows a receipt for paying that year's taxes during the claim period. Occupying a residential structure on such a claim before filing the return is trespass, and leasing it out is theft (§95.18(3)–(10)).

What the statutes set

  1. Color of title (§95.16)

    Seven years under a recorded written instrument, decree or judgment.

  2. Without color of title (§95.18(1))

    Seven years; taxes paid within one year of entry, return within 30 days, taxes paid every year after.

  3. Return and notation (§95.18(3)–(4), (8))

    Property appraiser mails a copy to the owner and notes the claim on the tax roll and public database.

  4. Removal (§95.18(7))

    Written withdrawal, a later court order, a deed back to the owner or the owner's tax receipt for the period.

  5. Residences (§95.18(9)–(10))

    Occupying before the return is trespass; leasing it out on the claim is theft.

What the TC does when the tax roll shows an adverse possession claim

  • Send the property appraiser's notation and parcel record to the title company right away.
  • Ask the seller whether they paid the taxes for the claim years – the owner's tax receipt is one way to remove the notation.
  • Calendar the removal or the court order the title company requires before closing.

Questions about Florida adverse possession

How long does adverse possession take in Florida?

Seven years of continued possession, either under recorded color of title (Fla. Stat. §95.16) or, without color of title, with all taxes paid and a return filed with the property appraiser (§95.18(1)).

How does an owner get an adverse possession notation off the tax roll?

The property appraiser removes it when the claimant withdraws in writing, the owner provides a certified court order entered after the return establishing title, the claimant deeds the property to the owner, or the owner shows a receipt for paying the annual tax during the claim period (Fla. Stat. §95.18(7)).

Track the notation removal or court order as a task on the deal in ClosingCode.

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Sources: Fla. Stat. §§95.16, 95.18 (flsenate.gov), read October 29, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.