Real Estate Law
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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 oftitle means a claim to title which on its face appears to support a person'sclaim to title, but is fact defective and therefore fails in establishing titleto the real estate. Examples would be:i) a deed whose execution was defective or is in question; ii) a claim arisingfrom another person's Last Will and Testament, or iii) two or more persons havereceived 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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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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