Adverse Possession

893 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Ben-Jay Inv. Co. v. Marie De C. Stillman for Ronald Y. Stillman
  114 Fla. 703· Fla.· 1934-04-07 ·cited 6×
  Ben-Jay Investment Co. and other parties appealed a decision denying their motion to dismiss a bill of complaint seeking to quiet title to disputed Government land in Volusia County. The Florida Supreme Court affirmed the lower court's decision, holding that a suit to quiet title
• Mrs. Jessie Altman v. Simon
  109 Fla. 196· Fla.· 1933-03-23 ·cited 6×
  This case involves an ejectment action where the plaintiffs' title was challenged based on a master's deed with a slight misspelling of a land company's name. The court affirmed the lower court's decision, finding the misspelling did not invalidate the deed due to the doctrine of
• City of Miami Beach v. Poindexter
  96 Fla. 811· Fla.· 1928-12-22 ·cited 6×
  The Florida Supreme Court affirmed a decree reforming a plat from 1905 that contained a clerical error in legal descriptions. The case involved whether a court of equity could correct the misdescription of a surveyed property corner located near Miami Beach.
• Braddy & Hale Fishery Co. v. Thomas
  93 Fla. 326· Fla.· 1927-02-19 ·cited 6×
  This case involves a dispute over title to land. The appellate court affirmed the lower court's decision to deny a motion to strike parts of the appellee's answer, finding that the appellant's claimed title was invalid.
• Buffum v. Ernest J. Lytle and Others
  66 Fla. 355· Fla.· 1913-11-25 ·cited 6×
  The court reversed a lower court's dismissal of a mortgage foreclosure suit. It found that a son's acquisition of a tax deed for the mortgaged property, while in a position of trust and aware of the mortgage, constituted a fraudulent attempt to extinguish the lien and was therefo
• Boley v. McMillan
  66 Fla. 159· Fla.· 1913-11-18 ·cited 6×
  In this ejectment action, the Florida Supreme Court reversed a jury verdict for the plaintiff because the deeds upon which plaintiff relied to establish adverse possession under color of title contained legally insufficient property descriptions. The court held that a deed's desc
• Green v. Camp
  61 Fla. 256· Fla.· 1911-01-01 ·cited 6×
  In this ejectment action, the Florida Supreme Court upheld judgment for the plaintiff-appellee who recovered possession of real property in Jacksonville. The court affirmed the admission of sworn copies of title abstracts made from destroyed public records and rejected the defend
• Harvey v. Morgan
  58 Fla. 427· Fla.· 1909-06-01 ·cited 6×
  In a suit to remove a cloud on title to land, the Florida Supreme Court reversed a decree pro confesso entered against defendants who had filed pleas of adverse possession. The court held that the defendants' pleas adequately stated ultimate facts constituting a complete equitabl
• Dannelly v. Russ
  54 Fla. 285· Fla.· 1907-06-01 ·cited 6×
  In this ejectment action, the Florida Supreme Court affirmed judgment against a conditional purchaser of land who had taken possession and made improvements but failed to pay the full purchase price. The court held that the conditional purchaser's possession was not adverse to th
• Bruce v. The Seaboard Air Line Ry.
  52 Fla. 461· Fla.· 1906-06-01 ·cited 6×
  Bruce sought to enjoin the Seaboard Air Line Railway from obstructing Florida Avenue in Tampa with depot buildings. The court affirmed dismissal of the bill, holding that the railway's predecessor had acquired valid title to the disputed land through adverse possession and subseq
• Golphin Tison v. Montgomery L. Broward
  17 Fla. 465· Fla.· 1880-01-01 ·cited 6×
  This case concerns a trespass action where the defendant admitted the plaintiff's possession through his pleadings. The court held that the plaintiff did not need to prove absolute possession or full legal title because the defendant's plea of ownership implicitly admitted the pl
• Candler Holdings Ltd. I v. Watch Omega Holdings, L.P.
  947 So. 2d 1231· Fla. 1st DCA· 2007-01-30 ·cited 5×
  Candler Holdings appeals a summary judgment granting adverse possession of a retention pond parcel to Watch Omega. The court reversed, holding that Watch Omega failed to meet the statutory requirements for adverse possession without color of title under Florida law, particularly
• In & for Sussex Cnty. Dewey Beach Lions Club, Inc.
  2006 WL 701980· Del. Ch.· 2006-08-21 ·cited 5×
  The court affirmed the Master's decision denying the landowners' claim to a prescriptive easement. The court found that the landowners failed to prove their use of the disputed strip of land was either not permissive or exclusive against the general public. Therefore, the landown
• Porter J. Goss and Mary R. Goss v. Dunbar
  834 So. 2d 185· Fla. 2d DCA· 2002-08-02 ·cited 5×
  The trial court awarded a small strip of disputed land to Dunbar based on adverse possession by color of title, but the appellate court reversed and remanded because the adverse possession issue was not properly tried by the parties and the trial court applied an incorrect burden
• Avery L. Tyler and Florence Tyler v. Price
  821 So. 2d 1121· Fla. 4th DCA· 2002-06-19 ·cited 5×
  The Fourth District Court of Appeal reversed a trial court's judgment that extinguished an easement across real property based on the doctrine of merger of title. The court held that merger cannot occur when the ownership of the dominant and servient estates is unequal in the qua
• Magma Trading Corp. v. Lintz
  727 So. 2d 377· Fla. 5th DCA· 1999-03-05 ·cited 5×
  The court held that the appellant failed to raise a genuine issue of material fact regarding substantial enclosure, thus affirming the summary judgment for adverse possession.
• Stockman v. A.W. Duke
  578 So. 2d 831· Fla. 2d DCA· 1991-04-26 ·cited 5×
  The appellate court reversed the trial court's awards of damages against Stockman for trespass to land, finding that the damages awarded to Fonte and the Dukes were not properly measured.
• Sheffield v. Paul Cook Carter and wife
  141 So. 2d 780· Fla. 2d DCA· 1962-06-01 ·cited 5×
  The Carters sought to collaterally attack a 1955 quiet title decree obtained by Betty Sheffield against them through service by publication, alleging defects in the constructive service affidavit. The court reversed the denial of the motion to dismiss, holding that while the decr
• Hopson v. Sanborn
  97 So. 2d 200· Fla. 3d DCA· 1957-10-03 ·cited 5×
  The appellate court affirmed a lower court's decree quieting title based on adverse possession, finding sufficient evidence supported the lower court's findings.
• Tilman v. Niemira
  99 Fla. 833· Fla.· 1930-04-21 ·cited 5×
  In an ejectment action, the Florida Supreme Court reversed a directed verdict for the plaintiff (Niemira) who claimed title to property through a deed from Duerbeek. The court held that the deed was effectively a mortgage rather than an unconditional conveyance, and that ejectmen
• Harrison v. Mollie Speer
  94 Fla. 937· Fla.· 1927-11-21 ·cited 5×
  A Florida Supreme Court case involving a dispute over real property ownership in Orlando. Mrs. Mollie Speer sought to quiet title to land based on her mother's alleged adverse possession for approximately 32 years. The court affirmed the lower court's decision granting title to S
• City of St. Petersburg v. Hercules N. Meloche
  92 Fla. 770· Fla.· 1926-10-20 ·cited 5×
  This case involves a dispute over a triangular strip of land claimed by both a city for street purposes and an individual through adverse possession. The court affirmed the lower court's decision, finding that the city failed to prove dedication and acceptance, and that the indiv
• Jane Atkinson and Others v. K. F. J. Schilman and Others
  60 Fla. 301· Fla.· 1910-06-01 ·cited 5×
  Jane Atkinson and heirs of J.H.M. Atkinson sought partition of Florida lands held in common with other heirs and a co-tenant. The lower court dismissed the bill based on estoppel by a Georgia partition decree, laches, and that the remedy was at law. The Florida Supreme Court reve
• Tarin v. Sniezek
  942 So. 2d 458· Fla. 4th DCA· 2006-11-29 ·cited 4×
  Armando Tarin appealed a summary judgment denying his motion for summary judgment on a boundary by acquiescence claim and granting the Sniezeks' cross-motion for summary judgment. The Fourth District affirmed, holding that Tarin could not establish boundary by acquiescence becaus
• Foster Burgess v. Edgar F. Burd and wife
  654 So. 2d 1028· Fla. 1st DCA· 1995-05-16 ·cited 4×
  The court reversed the trial court's judgment granting a private prescriptive easement, finding the record failed to demonstrate that the appellees' use of trails across the appellant's property was adverse for the requisite statutory period.
• Turner v. Valentine
  570 So. 2d 1327· Fla. 2d DCA· 1990-06-22 ·cited 4×
  The court held that the trial court correctly applied the law of adverse possession, as interpreted in Seddon v. Harpster, to the facts of this case, affirming the judgment for the appellees.
• United States v. Tobias
  899 F.2d 1375· 4th Cir.· 1990-02-09 ·cited 4×
  The court held that the evidence supported the jury's verdict that the Johnsons failed to establish title by adverse possession, and thus the district court erred in granting judgment n.o.v.
• Perkins v. Anderson
  518 So. 2d 1354· Fla. 1st DCA· 1988-01-14 ·cited 4×
  Property owners appealed the denial of their cross- and counterclaims seeking declaratory judgment to quiet title, establish a way of necessity, and obtain an injunction against water flooding from an adjacent lake. The appellate court reversed on the statutory way of necessity c
• Corp. OF the Presiding Bishop OF the Church OF Jesus Christ OF the Latter-Day Saints v. Hodel
  830 F.2d 374· D.C. Cir.· 1987-10-09 ·cited 4×
  The court affirmed the district court's dismissal, finding no due process violation or unconstitutional taking, and that the High Court's decisions were not arbitrary.
• Freddy Baker and Karen Baker v. Ilona Niess
  496 So. 2d 215· Fla. 1st DCA· 1986-10-21 ·cited 4×
  The Bakers appealed a judgment establishing a property boundary line between their land and Niess's property, and rejecting their defenses of adverse possession and boundary by acquiescence. The court affirmed, holding that the trial court properly excluded a prior survey and tha
• Elizabethan Dev., Inc. v. Magwood
  479 So. 2d 251· Fla. 2d DCA· 1985-12-04 ·cited 4×
  Elizabethan Development appealed a judgment ejecting it from disputed land that adjoined property owned by the Magwoods. The court affirmed, holding that the Magwoods acquired title to the disputed land by adverse possession with color of title because the property was contiguous
• United States v. Stubbs
  776 F.2d 1472· 10th Cir.· 1985-11-14 ·cited 4×
  A deed to a deceased person's estate is not void if the grantor's intent is clear and the estate is a legal entity capable of receiving title, and even if it were, the United States acquired good title by adverse possession.
• Revels v. Sico, Inc.
  468 So. 2d 481· Fla. 2d DCA· 1985-05-08 ·cited 4×
  The court held that the trial court did not err in finding that the plaintiff failed to prove adverse possession by clear and convincing evidence.
• Devers v. Chateau Corp. & C.F. Prospect
  748 F.2d 902· 4th Cir.· 1984-11-20 ·cited 4×
  The court held that Virginia's 15-year statute of limitations for recovering land applies to an action to assign dower, and the doctrine of laches is inapplicable.
• Phares v. Harley G. Cowles and Grace D. Cowles
  459 So. 2d 1110· Fla. 4th DCA· 1984-11-14 ·cited 4×
  The appellate court reversed the trial court's order granting a new trial and remanded the case, holding that the trial court erred in denying the plaintiffs' claim for a way of necessity for a public road.
• In re Fed. Shopping WAY, Inc. v. Owners OF NW 20 Real Est.
  717 F.2d 1264· 9th Cir.· 1983-09-15 ·cited 4×
  The bankruptcy court lacked jurisdiction under the Anti-Injunction Act to enjoin state court proceedings to quiet title to real property that was no longer in the bankruptcy court's possession and as to which title had not been adjudicated.
• Grant v. Strickland
  385 So. 2d 1123· Fla. 1st DCA· 1980-06-30 ·cited 4×
  The court held that the appellants failed to prove substantial enclosure for adverse possession without color of title.
• Houston v. United States Gypsum Co.
  569 F.2d 880· 5th Cir.· 1978-03-16 ·cited 4×
  The court held that accretions to an island do not automatically belong to the island owner if they extend across the boundary of a coterminous riparian owner who owns the riverbed. The court also vacated the adverse possession ruling for further consideration under correct legal
• In re Airmotive Suppliers, Inc. v. Tavormina
  519 F.2d 1102· 5th Cir.· 1975-09-17 ·cited 4×
  The bankruptcy court lacked summary jurisdiction to adjudicate the IRS's claim to penalties from seized notes because the government did not explicitly consent and had more than a colorable claim to the property.
• Ira D. Madison and Christine Madison v. Deodies Haynes, Jr.
  264 So. 2d 852· Fla. 4th DCA· 1972-07-17 ·cited 4×
  When a plat error causes a deficiency in lot size, the deficiency must be apportioned equally among all affected lots, and adverse possession is not applicable.
• State v. Fla. E. Coast Ry. Co.
  262 So. 2d 480· Fla. 3d DCA· 1972-05-23 ·cited 4×
  Florida Department of Transportation sought condemnation of a 30-foot strip of railroad right-of-way land to expand U.S. Highway 1. The trial court struck the state's claim that it owned the property through statutory dedication based on four years of maintenance, and awarded the
• United States v. Schwarz
  460 F.2d 1365· 7th Cir.· 1972-05-03 ·cited 4×
  The court held that the disputed peninsula passed to the patentee of Lot 4, not Lot 5, and thus appellants could not acquire title by adverse possession under state or federal law due to the land's restricted status and its removal from public lands.
• Rushing v. Chappell
  247 So. 2d 749· Fla. 1st DCA· 1971-05-06 ·cited 4×
  Plaintiff challenged a trial court's denial of her motion for a new trial in a real property dispute, claiming the court erroneously excluded tax receipts and homestead exemption cards as newly discovered evidence. The appellate court affirmed the denial, finding the motion defic
• Walker v. The United States
  428 F.2d 1229· Ct. Cl.· 1970-07-15 ·cited 4×
  The court held that the defendant's motion for summary judgment should be granted and the plaintiff's motion for partial summary judgment should be denied, dismissing the plaintiff's petition.
• Adeline Frasch v. Wilson
  413 F.2d 69· 9th Cir.· 1969-06-03 ·cited 4×
  The court held that the referee abused his discretion by refusing to reconsider the issue of summary jurisdiction, especially when the order decreeing jurisdiction was entered without notice and an opportunity to be heard.
• Gary v. Dane
  411 F.2d 711· D.C. Cir.· 1969-02-12 ·cited 4×
  A party can establish title by adverse possession even if their claim is based on ignorance or mistake, provided the possession is actual, exclusive, continuous, open, and notorious for the statutory period.
• Christ Church Pentecostal v. Richterberg
  334 F.2d 869· 10th Cir.· 1964-07-15 ·cited 4×
  The court held that the plaintiff acquired title to the land through adverse possession for the statutory period, based on his and his predecessor's continuous possession and claim of right.
• Greenberry Simmons v. City OF EL Paso
  320 F.2d 541· 5th Cir.· 1963-07-18 ·cited 4×
  The court held that the 1941 and 1951 statutes impaired the vested contractual right to reinstate forfeited land, and the appellant's tender of payment reinstated the contract. However, other defenses were not considered, requiring remand.
• Kern v. Weber
  155 So. 2d 619· Fla. 3d DCA· 1963-07-02 ·cited 4×
  Kern purchased property from one of two tenants in common and sought to quiet title to the entire parcel. The court held that Kern acquired only the one-half interest of the co-tenant who conveyed to him, and that the other co-tenant's heirs retained their interest, requiring par
• Azzie Vaughn v. Vaughn
  119 So. 2d 391· Fla. 1st DCA· 1960-04-05 ·cited 4×
  In this partition suit involving a homestead property, the court held that to acquire title by adverse possession against co-remaindermen, a party must provide clear notice of the adverse claim. Azzie Vaughn's adverse possession of 50 acres did not ripen into title because he fai