QUESTIONS? CALL: +1 (727) 847-2288
  • Meet our Staff
  • Attorney Profiles
  • Schedule an Appointment
  • Download Forms
  • Client Pay

Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

Our firm takes a genuine interest in our clients, understands their objectives and meets or exceeds their expectations in a timely manner. We strive to provide superior legal services and maintain the highest standards of professional integrity.

T (727) 847-2288
Email: contactus@rdwaller.com

Law Office of Roland D. Waller
5332 Main Street
New Port Richey, Florida 34652

Open in Google Maps
  • Real Estate
    • Title Insurance
    • Contract to Closing
    • Contract Preparation & Review
    • Deeds
    • Buyer Representation
    • Seller Representation
    • Loan Modification Agreements
    • Mobile Home Title Transfers
    • Vacation of Easements
    • Rezoning
    • Mortgage & Note Preparation
    • Leases with Option to Purchase
    • Leases – Residential & Commercial
  • Probate
    • Trust Administration
    • Estate Administration
  • Estate Planning
    • Avoiding Probate
    • Medicaid Planning
    • Designated Health Care Surrogate
    • Durable Power of Attorney
    • Trusts
    • Wills
    • Healthcare Surrogate
  • Litigation
    • Condemnation
    • Boundary Dispute
    • Partition Action
    • Suit to Quiet Title
    • Defendant
    • Plaintiff
    • Eminent Domain
    • Land Use & Zoning
    • Contract Disputes
    • Evictions / Collections
    • Loan Modification
    • Foreclosure / Foreclosure Defense
  • Corporations
    • Preparation of Corporate minutes
    • Formation of Corporation or LLC
    • Partnership Agreements
    • Corporate Contract Preparation & Review
    • Purchase of Business
    • Sale of Business
  • Videos
    • About Us
    • Estate Planning
    • Guardianship
    • LLC’s and Corporations
    • Medicaid Planning
    • Probate
    • Real Estate
    • Real Estate – Buying
    • Real Estate – Selling
    • Real Estate – Foreclosure
    • Trusts
    • Wills
  • Testimonials
Wednesday, 14 December 2016 / Published in Real Estate, Videos

What Is Adverse Possession And How Does It Work?

Video Summary

What is Adverse Possession and How Does It Work? Well, whenever you ask a Board Certified Real Estate Lawyer about adverse possession, he puts it in the context of real estate. There is a Statute, which allows you if you have, you possess the property adversely. Meaning that you’re living there and you have what they call Open and Notorious Possession of the property. Means that you probably fenced it or it’s been enclosed by a fence, and you’re not there with permission of the owner of the property. That means that you’re possessing the property adversely.

This can happen, particularly if you believe you own the property, and you might have a Deed to it, and so you’re living there, and yet there’s other people who are claiming ownership. Under that scenario, you can then file what they call a Suit to Quiet Title to eliminate the interest of any other parties, because you have what they call Color of Title. Meaning you have a Deed to the property and that you are there, and you have open and notorious possession. Meaning that you’re living there and it’s not like it’s you’re living in another State, but you’re possessing it.

Then, in addition to that, you need to be paying the taxes on the property, and after seven years of paying the taxes, as well as having some sort of Deed to the property, you can then file a Suit to Quiet Title, based upon Adverse Possession. Now, there’s a problem, however, whenever someone moves into the property, and they don’t have the Deed to the property. They can possess the property adversely. Meaning if someone is out of State, or someone’s died, and no one objects, basically a squatter that moves in and takes over the property.

Well, they’re possessing the property adversely. However, that does not mean that they will eventually have a right to claim ownership of the property, just because they have possessed the property adversely or they’re living there, and they can be subject to a cause of action, which would depossess them of the property, and it’s not a defense to say, “Oh, I’ve been living here for seven years, and oh, I’ve been paying the taxes.” Well, that doesn’t work. However, if they live there and there’s a particular form with the Property Appraiser’s Office that you can complete that says that you wish to return the property for taxes. It’s a particular form that you complete and say, “Send me the tax bill. The purpose of this is that I’m going to pay the taxes for seven years, and after seven years, and I’ve occupied the property, well, then I’m in a position to file a suit to Quiet Title.” That’s another way to obtain title by adversely possession of the property.

Some folks are concerned about when their neighbor’s fence is over their property line by a foot, or a few feet, or whatever. They’re concerned about their neighbor trying to claim their property, they’re losing ownership. That doesn’t happen, because they don’t have title, and furthermore, you could consider consent, so that’s the other thing. Is if you let your relative, or anybody else, your friend, or whatever, live on the property and they pay the taxes, or whatever.

They’re living there with your consent, and so they cannot later claim some kind of ownership, because they are not claiming it adversely. Whenever your neighbor’s fence is on your property, probably the worst thing that you could do was to say, “Move your fence,” and then not do anything about it, because then it would show that they’re adversely possessing a part of it. If you just leave it there, well, they can’t say that they were possessing your property adversely, just because you being a good neighbor, and let them maintain their fence.

If you have any questions about adverse possession and trying to build title, you can give me a call at 727-847-2288. Let me remind you, if you’re viewing this out of State, that I’m a Board Certified Real Estate Attorney in the State of Florida. I can’t give you any advice as far as any other State is involved, and so what I say on this video is, “Florida Specific.” My phone number again is 727-847-2288.

FEATURED VIDEOS

  • How Do I Safeguard Protect The Assets Were Left Behind?

  • What Laws Or Other Factors Are Considered When Distributing Assets Within The Trust?

  • Why Would I Need a Disposition Without Administration?

  • Who Else Has Access to The Trust?

  • Is There A Time Limit For Probate?

  • What Are My Duties As An Executor?

  • Is The Previous Power Of Attorney Still Valid?

  • How Do I Get My Deceased Parents Annuity?

RELATED VIDEOS

About Us About Waller education real estate Waller
SUGGEST A VIDEO TOPIC

SIGNUP FOR NEW VIDEO NOTIFICATIONS

Keep up to date with our videos. We will notify you of any new video added via email.

Quick Links

  • Buyer Representation
  • Contract to Closing
  • Deeds
  • Leases w/ Option to Purchase
  • Leases – Residential & Commercial
  • Loan Modification Agreements
  • Mobile Home Title Transfers
  • Mortgage & Note Preparation
  • Contract Preparation & Review
  • Rezoning
  • Estate Administration
  • Trust Administration

Our Misson

“We Care”

Signup for our Newsletter

GET IN TOUCH

Tel: +1 (727) 847-2288
Fax: +1 (727) 848-4183
Toll Free: +1 800-304-2288
Email: contactus@rdwaller.com

Law Office of Roland D. Waller
5332 Main Street
New Port Richey, Florida 34652-2509

Open in Google Maps

  • Legal Terms
  • Website User Agreement
  • Privacy Policy
  • Legal Notice
  • GET SOCIAL
Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

© COPYRIGHT 2010-2022 RDWALLER.COM

TOP