Is There A Difference Between Squatter’s Rights and Adverse Possession?

Yes, adverse possession has several elements which include the open and continuous dwelling of real property. If someone is living in a building, who is not known, cannot be visibly seen, or are often not present in the domicile, then occupancy more akin to a squatter than an adverse possessor. Adverse possession , unlike squatters’ rights, also requires the occupant to improve upon the land. Though they may be very similar, the intention of someone who would like to take adverse possession of land or a domicile is different and can be demonstrated differently than a squatter.

There are many requirements for a valid adverse possession claim in Florida, including:

  • Hostile claim.
  • Actual possession.
  • Open and notorious possession.
  • Continuous possession.
  • Tax and title.
  • Improvements.

For more detailed information, please refer to Florida Statute 95.18. If you have any questions about adverse possession, please contact Martin Law Group, P.L. Helping creative investors close real estate deals!

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