Chances are you’ve never heard of adverse possession before. In most cases, the term can be interchangeable with squatting: trespassing for enough time that you gain the rights of ownership over a property.

Depending on your perspective, adverse possession could seem like a fair transfer to someone who makes better use of the property or a totally bogus takeover.

Whichever way you think, home and

car insurance

super app

Jerry

has researched everything you need to know regarding squatter laws in Florida, from the meaning of adverse possession to exceptions to the law.

Let Jerry find your price in only 45 seconds

No spam · No long forms · No fees

Find insurance savings

Who’s considered a squatter in Florida?

The law of

adverse possession

states that if a person publicly moves into a neglected or abandoned property and makes improvements to it, they can be granted ownership of it after a certain time has elapsed.

In the state of Florida, this period is at least seven years, and the squatter must obtain a “color of title,” or pay property taxes, to qualify for ownership.

Historically, squatter laws were intended to force landowners to take better care of their property, especially if it wasn’t their main residence. These laws also differentiate between (legal) squatting and (illegal) trespassing.

Permissible squatting occurs when the squatter is openly inhabiting and improving the property even when they don’t technically own it.

If the property is clearly marked with “no trespassing” signs or the property owner has made it clear to individuals that they’re not welcome to live on the property (in writing or otherwise), anyone squatting there could face a criminal trespassing charge.

However, if the property is abandoned and the person living there has not been made aware that they are not welcome, the squatter cannot be charged with trespassing.

Holdover tenants

If a tenant remains in a home or on a property after their lease has ended, this could be considered trespassing.

If the tenant continues to pay rent and the owner continues to accept it, the tenant becomes a tenant at will and can stay there, at least until the landlord makes it clear they are no longer welcome to live on the property.

MORE:

How to choose the right kind of home insurance for you

Adverse possession requirements in Florida

Florida’s adverse possession laws allow a person to make a claim on the property where they are squatting. The person must prove seven years of continuous use, maintenance, and improvement to the property, including continuous tax payments.

The possession must fall into four categories for the squatter to make a successful adverse possession claim:

Active possession

First, the squatter must have active control over the property. This means they need to be living on the property and using it as a real property owner would.

Performing maintenance, repairs, improvements, and landscaping (including installing fencing) demonstrates active possession of the property.

Hostile possession

“Hostile possession” doesn’t mean an armed take-over. It’s a situation where a squatter lives on a piece of real property and infringes on the real property owner’s rights.

If you want to make an adverse possession claim and have ownership of the land transferred to you, your possession of the land must be “hostile.”

Open and notorious possession

Your possession must also be “open and notorious.” You cannot make a claim for adverse possession if you’re secretly living on a property and concealing that from the public or owner of the property.

You must be living on the property openly and honestly in a way that makes your intentions clear to both the public and the original property owner.

Exclusive and continuous possession

Finally, you must be the sole squatter on the property if you wish to make an adverse possession claim. Florida will not recognize an adverse possession claim for a group of people squatting on a property.

The squatter must be in exclusive possession of the property for seven years, meaning they pay all property taxes during that time and don’t share responsibilities with the original owner.

Key Takeaway An adverse possession claim in Florida requires seven years of continuous living, use, or property improvement and payment of property taxes for the time of use.

MORE:

How to transfer insurance to a new car

Does Florida honor “color of title” claims?

Florida is one of the states that honors

“color of title”

claims, meaning it does not require squatters to provide official paperwork for an adverse possession claim.

A color of title claim means that a person does not hold the actual legal title to a property because there is either significant damage to the actual title or they have inherited it without a title.

Even if a squatter falls into the color of title situation, they must still prove they have been paying all taxes for the property for the last seven years.

MORE: Tips for staging a house

How to protect yourself from squatters

If you have a property you aren’t using as your residence, you can protect it from squatters (no matter the legal protections in place) by:

Visiting often: Don’t stay away from your property for long periods.

Installing locks, alarms, or security cameras: If you cannot visit your property often, install security features that would ward off potential trespassers.

Posting “no trespassing” signs: Post visual proof stating that squatters and trespassers are not tolerated.

Paying property taxes promptly: Always pay your property taxes on time so someone else cannot attempt to lay claim to the property by paying instead.

Even if you follow basic precautions, you may still find yourself in a sticky situation with squatters. First, make it clear that you are the property owner with a written notice. If they refuse to vacate your property, you could offer a rental agreement to them. Contact the local sheriff’s office if the situation seems to be out of control.

Note that you cannot personally threaten an individual or shut off their utilities (e.g., electric, water). It’s imperative that you follow the property legal channels to remove someone from your property without breaking the law yourself.

How to find affordable home and car insurance in Florida

Whether you live in a beachside condo, inland suburb, or somewhere in between,

Jerry

can help you find the best savings on your home and car insurance in the Sunshine State.

After providing you with a comprehensive cross-analysis of the best policies across providers, Jerry will handle the phone calls, paperwork, and renewals for your top pick so that you don’t have to. They can even help cancel your old policy! So why do all that extra work when Jerry can do it better?

“I thought my previous insurance rate was the best I could get, since I have a luxury SUV. After
Jerry
found me quotes, I ended up paying only $80 a month for the same exact coverage. I’ll be shopping for auto insurance through Jerry from now on!” —Petra S.

How long can squatters stay in Florida?

Squatters can theoretically stay on an unoccupied property in Florida forever. To make a successful adverse possession claim, the squatter must live on the property for seven years and perform maintenance and improvements, including paying all taxes.

Is it illegal to squat in a home?

No. Although trespassing is a criminal offense in the United States, squatting can be legal under certain circumstances.

Save an average of 18% by bundling your home and auto insurance

Bundle your home and auto insurance with Jerry and save!

Try Jerry