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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54709
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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IF YOU PAY THE TAX CERTIFICATES ON A PROPERTY,5 YEARS, FOR

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IF YOU PAY THE TAX CERTIFICATES ON A PROPERTY,5 YEARS, FOR A PROPERTY THAT HAS A PERSON LIVING ON IT FOR OVER A YEAR WHO IS CLAIMING ADVERSE POSSESION--BUT HAS NOT PAID TAXES,CAN THAT PERSON BE EVICTED AND THEN COMENCE TO OCCUPY THE PROPERTY AND CLAIM ADVERSE POSSESION? HOW LONG DOES IT TAKE IN FL. TO GET LEGAL TITLE?

Good afternoon. In
Florida, to claim adverse possession, the duration of such possession under color of title is seven (7)
years. To claim real estate by adverse
possession without color of title, a person must have possession for a period of
seven (7) years and pay the assessed taxes. Color of
title means a claim to title which on its face appears to support a person's
claim to title, but is fact defective and therefore fails in establishing title
to the real estate. Examples would be:
i) a deed whose execution was defective or is in question; ii) a claim arising
from another person's Last Will and Testament, or iii) two or more persons have
received separate deeds to the same parcel of real estate.

So, at this point, only the true owner would have the right to cause anyone to be evicted. Once the party paying taxes for the 5 years has paid taxes for 2 more years, then that party can claim ownership by adverse possession and force the other party to be evicted.



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Customer: replied 4 years ago.
EVEN IF I PAY THE 5 YEAR TAXES, I CAN NOT EVICT HIM? HE COULD STAY FOR AT LEAST 2 MORE YEARS.,OR MORE, IF HE PAYS SUBSEQUENT TAX YEARS. IT WOULD COME DOWN TO JUST BUYING TAX CERTIFICATES.

You can contact the true owner and attempt to purchase the property directly from the actual owner. Otherwise, I can only provide the rules on adverse possession. I wish they were different. You might want to prepay the taxes so that the other party cannot beat you to it.

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