Adverse Possession - State of Florida

Exactly how does a adverse possession on a house in foreclosure work?

Say I have a house in Florida that goes into foreclosure. I move out of the house to let it go back to the bank, but before the bank officially forecloses someone places an adverse possession claim on the property without my knowledge. Now this is the part I don't quite understand...wouldn't the adverse possession claim be negated as soon as the bank forecloses on the home?

Welcome Amylynne,

As far as I can understand, it is true that the adverse possession claim will be negated once the bank forecloses on the home.

My grandmother has stopped making payments on a house she was renting out and the home has been vacant for 5 months. She is 81 and would rather see me take over through adverse possession then deal with it anymore. She still owes 72K, can I legally aquire this home?

hi jessabellsjewels,

your grandmother can simply transfer the property to you using a quitclaim deed. then you can pay off the delinquent amount and refinance the mortgage to save the home from an imminent foreclosure.

thanks

My neighbor recently installed a fence that ran across my property by 2' and attached to my fence to avoid having to pay for his own fence. he did this without pulling survey and in violation of county code which states that his fence should run parrel to mine even though my fence does not come up to the property line. Since I did not authorize his fence to be on my property nor do I want it blocking my access, I served him notice to remove the fence allowing me access again to be able to maintain my property. His response to my letter is that he is going to claim adverse possession since he feels it has been a part of his back yard since he purchased his house 15 years ago and says he has maintained the strip of land. Since the day I purchased my home over 10 years ago I have always maintained that strip of land, weekly, unlike my neighbor who mows his weeds approx. once every 8 weeks. My neighbor claims he wasn't aware it wasn't his property although he asked my permission approx 4 years ago to cross over my property and attach to my fence. During that conversation I told him I would think about it but there would have to a contract agreeing to pay for 1/2 of all costs to maintain and or replace the fence and a gate would need to be installed at which i could have access at any time to get to my property. once I mentioned it was going to cost him, he indicated it wasn't just something they definately were going to do but were just thinking about it. said they were not in a financial position to do it any time soon. I indicated to him that when the time came we could sit down and talk about it but a contract would be imminent before I would make any considerations. 4 years later and in particular after a falling out with this neighbor over his tree almost 20 months ago and we are no longer on speaking terms, one sunday I come home to find his fence installed across my property and attached to my fence. My neighbor now says he is going to claim adverse possession to take my strip of land and avoid having to remove his fence and run one down his own property line. I have providing with my survey showing its my property, I have paid the taxes on it annual and maintained it. he has never questioned me why I would be moving, weed eating or rounding up that my piece of land. On more occasions than not, I would acutally move my strip as well as the rest of his side yard to keep the value for the street view up and because they rarely move their yard. to have my 2 foot strip moved with the rest of his yard being 2'high in grass takes away from the value of the neighborhood. what can I do to stop this? can I have my property professionally staked out? and post no trespassing signs? until I can get to attorney this week to get this in front of a judge and trespass him and order fence removed. am i correct in thinking, i owe the property, my survey deeds indicates that, i pay the taxes and until such time a judge grants them the property i can continue with business as usual when it comes to my property. if i remove his fence that is on my property is that considered destruction of private property? or it it now property since it illegally on my property. I view it similar to if someone parked a trailer on my front yard without permission, i have the right to get it towed off my property. Please advise how to handle. amazes me that if people would pull permits, use a survey and do things legally how much it could avoid. he won't put out for his own fence but trying to prove adverse possession could run him in the 1,000's. I believe the burden of proof is on him since everything is legally documented to me. One last question, i wanted to send them a "written permission to use the property" agreement but I knoww they won't sign it. If I send it to them anyway certified mail and they refuse to sign it does that stand up in a court of law? Sorry for so many questions.....

Hi cindy!

Welcome to forums!

I can understand your concern. If you have been maintaining the property and paying taxes on it, then your neighbor can't claim adverse possession on it. You should immediately contact a real estate attorney and take his help and assistance in this matter. He will let you know what type of legal actions you need to take in this regard.

Feel free to ask if you've further queries.

Sussane

can i take posession of a 26 foot sail boat under the adverse posession law?

Hi richard,

This will depend upon your state laws. If you have maintained the property for the stipulated period of time as per the state laws, then you may claim it. It will be better to get the opinion of a local real estate attorney in this regard.

There is a vacant lot next door. Thru research I have found that the owner and heirs have passed. The taxes are delinquent and have been paid thru tax certificates. The lot is unkempt. If I am willing to pay all certificates and any other back taxes and maintain the property, would I be able to acquire a tax deed to own the property. I am in FL

Hi Hope,

I guess you are looking for adverse possession of the property. In order to claim the adverse possession of the property, you will have to maintain the property for few years (as per your state laws).