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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42856
Experience:  Texas Attorney for 30 years dealing in real estate
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If I have a property that according to tax Property

Customer Question

If I have a property that according to tax Property Appraiser includes a 20' piece that actually isn't on my deed according to a survey, but I have been paying taxes on that piece and had it fenced as part of my property since 1999 is there anyway I can make it part of my property in order to obtain Title insurance when I sell it.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Yes you can file a suit to quiet title claiming adverse possession here under the law.You appear to meet the requirements to do so.

Here in Florida the period of time for adverse possession must be at least 7 years if the person doesn't have anything like a deed to back up their claim of ownership (Florida Code §95.16-.18.) along with the payment of all the property taxes on the property.You meet this requirement.
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In order to be able to claim real estate through adverse possession, a trespasser must claim the land through open, notorious, continuous and hostile possession to the actual legal owner. This basically means that the adverse possessor has to be actively possessing and using the property for the statutory period in FL, which is 7 years. Further, they have to notify the property appraiser of their claim in writing that they are making on the land.
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Once someone meets that 7 year deadline and the other requirements, they can then file a lawsuit called a "quiet title" action against the record owner and, assuming they can prove that they have used and occupied the property for 7 years and have paid all taxes, the judge would issue an order that they were the legal owners of the property at that point.

So you should consider a local lawyer to file suit and claim this by quiet title.The court awards you clear title.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.I am going on dinner break but will be back in a bit.Thanks.

Expert:  Ray replied 2 years ago.

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You can find real estate lawyer here to file suit.