Adverse Possession

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

• Abe Stein and Alice N. Stein v. Darby
  114 So. 2d 368· Fla. 1st DCA· 1959-09-08 ·cited 4×
  Homeowners appealed the dismissal of their complaint seeking equitable relief for access to their landlocked property. The court held that the complaint stated sufficient claims against the neighboring property owners for both a statutory way of necessity and for recognition of a
• Lykes Bros., Inc. v. Brautcheck
  106 So. 2d 582· Fla. 2d DCA· 1958-10-22 ·cited 4×
  Lykes Bros. claimed title to disputed property through adverse possession established before 1939, while the defendants held title through a valid tax foreclosure deed from 1949. The court affirmed the lower court's decision that the plaintiff's pre-1939 adverse possession claim
• McKINNON v. Commerford
  88 So. 2d 753· Fla.· 1956-07-06 ·cited 4×
  The Florida Supreme Court reversed a jury verdict for the defendant in an ejectment action, holding that the defendant's possession of 80 acres of land was permissive rather than adverse, and therefore he could not establish title by adverse possession without color of title and
• Welch v. Unknown Heirs
  226 F.2d 776· D.C. Cir.· 1955-10-27 ·cited 4×
  The court reviewed a district court's determination that a transaction involving two notes was criminally usurious at its inception due to acceleration clauses, conflicting with prior rulings.
• Alexander v. Cleveland
  79 So. 2d 852· Fla.· 1955-04-06 ·cited 4×
  The Florida Supreme Court held that a seller's furnishing of an abstract based on a bare tax deed entry, without showing the antecedent tax deed proceedings, does not satisfy a contract requirement to furnish an abstract showing good and merchantable title of record. The Court re
• Magnolia Petroleum Co. v. The Carter OIL Co.
  218 F.2d 1· 10th Cir.· 1954-08-30 ·cited 4×
  A recorded mineral deed interest in state school lands sold under a deferred payment contract is subject to forfeiture upon cancellation of the contract for non-payment, without prior notice to the mineral deed holder.
• Squires v. Rispler
  69 So. 2d 177· Fla.· 1953-12-18 ·cited 4×
  Lillie T. Squires appealed a decree quieting title in Frank Rispler based on adverse possession. The Florida Supreme Court reversed, holding that Rispler failed to establish the actuality and continuity of possession required by Florida's adverse possession statute.
• Tyner v. McDONALD
  63 So. 2d 504· Fla.· 1953-02-24 ·cited 4×
  McDonald sought to establish title to additional land in Block 4 of the Thomas Addition subdivision based on the claim that the block was longer than shown on the 1894 plat. The Florida Supreme Court held that the recorded plat, to which all conveyances refer, establishes the def
• Kogod v. Cogito
  200 F.2d 743· D.C. Cir.· 1952-11-06 ·cited 4×
  The court held that the appellee established a prescriptive easement for the use of alleys, and this easement was not extinguished by the abattoir's closure or subsequent reduced use.
• Delany v. Padgett
  193 F.2d 806· 5th Cir.· 1952-01-18 ·cited 4×
  A directed verdict for plaintiffs was proper because the defendant failed to establish a claim of title by adverse possession due to insufficient evidence of a hostile, open, and unequivocal claim, and any errors in a prior partition decree were not for the defendant to challenge
• Carlson v. Asher Coal Mining Co.
  172 F.2d 243· 6th Cir.· 1949-02-14 ·cited 4×
  Disclaimers made by a claimant after title has vested under a forfeiture statute are ineffective to divest that title, as title, once acquired, cannot be lost by abandonment.
• Atl. Coast Line R.R. Co. v. Kickliter
  159 Fla. 516· Fla.· 1947-10-14 ·cited 4×
  The Florida Supreme Court affirmed an interlocutory decree that temporarily enjoined the Atlantic Coast Line Railroad Company from constructing a railway on certain city streets. The court denied review of a cross-appeal regarding adverse possession by another company, deferring
• Ringstad v. Grannis
  159 F.2d 289· 9th Cir.· 1947-01-31 ·cited 4×
  The court held that denying the introduction of evidence regarding the plaintiff's possession in an ejectment action was error, as prior possession can be a sufficient estate to warrant such a suit.
• Amaya v. Stanolind OIL & GAS Co.
  158 F.2d 554· 5th Cir.· 1946-12-27 ·cited 4×
  The treaty of Guadalupe Hidalgo does not prevent the application of Texas statutes of limitation to property owned by Mexican citizens within the ceded territory.
• McCALLUM v. Anderson
  147 F.2d 811· 10th Cir.· 1945-01-10 ·cited 4×
  The court held that the beneficiary's claim was barred by laches and the statute of limitations by analogy due to her failure to assert it diligently after knowledge of the trust's depletion and final accounting.
• Gray v. Amerada Petroleum Corp.
  145 F.2d 730· 5th Cir.· 1944-12-01 ·cited 4×
  The court held that the prior judgment was res judicata as to all issues that existed at the time of the judgment, even if not previously raised.
• Chicago v. Herr
  127 F.2d 1010· 7th Cir.· 1942-05-02 ·cited 4×
  The court held that the deeds effectively conveyed mineral rights and surface use rights, and the covenant for surface use payment did not violate the rule against perpetuities. The decree should be modified to include payment for surface land taken.
• Haskins v. Roseberry
  119 F.2d 803· 9th Cir.· 1941-05-07 ·cited 4×
  The court held that the Nevada statute barring actions for recovery of lands sold for taxes after three years from the deed's delivery applies and bars the receiver's claim.
• Briley v. Winter
  111 Fla. 501· Fla.· 1933-07-18 ·cited 4×
  Winter brought an ejectment action to recover a strip of land between his Government Lot 1 and neighboring property owned by Briley et al., claiming it was part of an agreed roadway. The Florida Supreme Court reversed the lower court judgment, holding that Winter failed to prove
• Hayes Robinson v. Herrman
  101 Fla. 865· Fla.· 1931-02-12 ·cited 4×
  This case involves a partition suit for a forty-acre parcel of land. The court found that the appellee (defendant) had established continuous adverse possession under color of title for over twenty years, barring the appellants' (complainants') claim.
• Sanders v. Alford Bros. Co.
  92 Fla. 718· Fla.· 1926-09-25 ·cited 4×
  Julia Sanders appealed a decree quieting title to land in the Appellees, Alford Brothers Company and Henderson Waits Lumber Company, based on a patent from the United States government. The Florida Supreme Court affirmed, holding that Sanders' alleged color of title instrument co
• Seaboard Air Line Ry. Co. v. Hartline
  84 Fla. 133· Fla.· 1922-07-13 ·cited 4×
  This case concerns whether a prior dismissed equity suit barred a subsequent ejectment action. The Florida Supreme Court held that the prior suit did not bar the ejectment action because the plaintiffs were not entitled to the remedy sought in the equity suit, thus no election of
• Sanborn v. S. Fla. Naval Stores Co.
  75 Fla. 145· Fla.· 1918-01-25 ·cited 4×
  This case concerns whether a four-year statute of limitations for tax sales applies to a suit to quiet title for wild, unoccupied land. The court held that the statute, which requires actual possession, does not apply to such suits, and therefore the defendant's tax title was inv
• Roberts v. Firman Smith
  72 Fla. 537· Fla.· 1916-12-20 ·cited 4×
  The Florida Supreme Court reversed a lower court judgment, granting a new trial due to the probable loss of crucial original orders related to a land sale, aiming to prevent injustice.
• Butts v. Jammes
  68 Fla. 231· Fla.· 1914-11-09 ·cited 4×
  This case involves a dispute over the ownership of a piece of land. The court affirmed a directed verdict for the defendant, holding that the life tenant, who was also the executor, had the authority under the will to sell the property, even if it was specifically devised to anot
• Williams v. Richardson
  66 Fla. 234· Fla.· 1913-11-04 ·cited 4×
  Henry Williams appeals a permanent injunction preventing him from interfering with complainants' possession of Jacksonville property. The Florida Supreme Court affirmed the injunction, holding that Williams derived no valid title from Anna Thomas (whose claim was defeated in an 1
• Jones v. Allen
  63 Fla. 204· Fla.· 1912-01-01 ·cited 4×
  This case concerns whether a tenant in possession of land can dispute the landlord's title, even if the tenant acquired a deed to the land from a third party during the lease. The court held that the tenant is estopped from disputing the landlord's title.
• Johnston v. Ellsworth Tr. Co.
  63 Fla. 443· Fla.· 1912-01-01 ·cited 4×
  A Florida property owner in continuous possession challenged tax deeds issued against her property while she remained in adverse possession, claiming the tax assessment was illegal and wrongful. The court held that a statute of limitations for setting aside tax deeds does not app
• Levy v. Cox
  22 Fla. 580· Fla.· 1886-06-01 ·cited 4×
  The Florida Supreme Court denied a rehearing, affirming a prior decision that the appellee was not in adverse possession at the time of the appellant's purchase. The court found the appellant's claims unsupported by the record.
• Branch v. Algernon S. Cole
  18 Fla. 368· Fla.· 1881-06-01 ·cited 4×
  This case concerns whether a widow's claim for dower and mesne profits is subject to specific statutes of limitations. The court held that the statutes, as written, do not apply to dower claims because the widow's right derives from her husband's seizin, not her own or an ancesto
• Harry and Henry Weiskoph v. Dibble
  18 Fla. 24· Fla.· 1881-01-01 ·cited 4×
  The court reversed a lower court's judgment in an ejectment action, finding that letters of administration are not prima facie evidence of a deceased person's death in a suit against a third party. This ruling impacts how proof of death can be established in such legal proceeding
• Dickerson v. Acosta
  15 Fla. 614· Fla.· 1876-01-01 ·cited 4×
  This Florida Supreme Court case addresses the validity of a tax sale by United States Direct Tax Commissioners under Reconstruction-era federal legislation. The court held that the tax imposed on property in Nassau County was levied without authority of law because the required p
• Pesce v. Morgan
  388 So. 3d 1107· Fla. 3d DCA· 2024-05-22 ·cited 3×
  The Pesces appealed the dismissal with prejudice of their adverse possession claim against their neighbor Wade Morgan. The Third District Court of Appeal affirmed the dismissal, holding that the Pesces failed to preserve their argument that the claim was viable under a prior vers
• Catawba Indian Tribe OF South Carolina v. State OF S.C.
  865 F.2d 1444· 4th Cir.· 1989-01-23 ·cited 3×
  The court held that the presumption of possession is rebuttable and was rebutted by the Catawbas' judicial admission of being out of possession for 140 years.
• R.B. Mixon v. ONE Newco
  863 F.2d 846· 11th Cir.· 1989-01-17 ·cited 3×
  The court held that OCGA § 44-5-168 is a 'lapse' statute, not requiring affirmative acts of dominion by the surface owner to acquire mineral rights, and that its exclusions do not violate equal protection.
• The Abstract Corp. v. Fernandez Co.
  458 So. 2d 766· Fla.· 1984-11-01 ·cited 3×
  An abstracter's duty of care does not extend to any person who might foreseeably rely on a negligently prepared abstract to their detriment, but rather only to those for whom the abstract was prepared or furnished with knowledge of intended use.
• Forrest O. Hobbs v. Beavan Woodward et ux.
  203 So. 2d 659· Fla. 2d DCA· 1967-10-18 ·cited 3×
  The court held that the trial court correctly admitted the plaintiffs' survey, which was based on the original government survey, over the defendants' surveys that relied on an inaccurate plat. The court also affirmed the denial of summary judgment and the trial court's findings
• Overstreet v. Lamb
  128 So. 2d 897· Fla. 1st DCA· 1961-04-20 ·cited 3×
  Plaintiffs sought a mandatory injunction to remove encroaching structures from property they purchased from defendant via warranty deed. The trial court transferred the case to the law side for trial on ownership, but the appellate court reversed, holding that defendant was estop
• Leighton v. Johns
  116 So. 2d 436· Fla. 2d DCA· 1959-11-25 ·cited 3×
  Plaintiffs appealed from a dismissal of their complaint seeking a declaratory decree to establish the boundary of the Hanson Grant and confirm they, not the Johns defendants, held title to disputed land in Martin County, Florida. The trial court dismissed on two grounds: insuffic
• Stevens v. Sterling
  2 Fla. Supp. 67· Lake Cty. Cir. Ct.· 1949-08-01 ·cited 3×
  The court denied a mandatory injunction sought by county commissioners and a taxpayer to remove obstructions from a road, finding that the public did not establish a prescriptive right due to permissive use.
• Key v. All Persons Claiming Any Estate
  160 Fla. 723· Fla.· 1948-07-23 ·cited 3×
  The Florida Supreme Court affirmed the quashing of constructive service in a quiet title action where the plaintiff sought to eliminate title clouds from wholly unknown claimants with wholly unknown claims. The Court held that the quiet title statute failed to meet due process re
• Sarasota-Fruitville Drainage Dist. v. ALL Lands Within Said Drainage Dist. Upon Which Drainage Taxes FOR THE Year 1928 Have NOT Been Paid
  157 Fla. 207· Fla.· 1946-03-22 ·cited 3×
  The Florida Supreme Court reversed a chancery court's denial of a writ of assistance to place a drainage district in possession of tax-foreclosed property. The respondents (heirs of the original owner) failed to establish adverse possession because they did not provide clear noti
• McRae v. Ketchum
  138 Fla. 610· Fla.· 1939-06-16 ·cited 3×
  This case addresses whether a land claimant acquired title through adverse possession based on color of title and constructive possession. The Florida Supreme Court held that J. K. P. Ketchum's occupancy of approximately 20 acres in Jackson County for over 35 years, combined with
• Marion Cnty. v. Ray
  107 Fla. 715· Fla.· 1932-12-13 ·cited 3×
  Marion County sought to enjoin landowners Ray and Davidson from obstructing an alleged public road. The trial court dismissed the bill, finding insufficient evidence of an existing public road at the disputed location. The Florida Supreme Court affirmed, holding that equity will
• Commodores Point Terminal Co. v. Hudnall
  S.D. Fla.· 1925-01-30 ·cited 3×
  Commodores Point Terminal Company and others sought to establish title to lands derived from a Spanish colonial grant to Hogan, which was conveyed to E. Hudnall and subsequently to David Brown in 1838. The court held that the complainants established superior title through the 18
• Christopher v. Mungen
  71 Fla. 545· Fla.· 1916-04-18 ·cited 3×
  The Florida Supreme Court affirmed a partition decree in a dispute over lands in Duval County between the heirs of James Lewis (represented by Jane Mungen) and defendants claiming title through adverse possession and other defenses. The court rejected arguments that children born
• Lehmann v. Cocoanut Bayou Ass'n, Inc.
  269 So. 3d 599· Fla. 2d DCA· 2019-04-05 ·cited 2×
  The Lehmanns own the disputed parcel in its entirety because title to the portion the trial court awarded to the Association passed to the Lehmanns' predecessors through prior conveyances of abutting lands, either as title subject to public easements (under the abutting-lands pri
• Lalisa Davis v. Wash Hinson and Geraldine Hinson
  67 So. 3d 1107· Fla. 1st DCA· 2011-07-18 ·cited 2×
  Davis appeals a trial court decision granting the Hinsons' action to quiet title and ejectment over an eleven-acre parcel. The appellate court reversed, holding that the Hinsons lacked valid legal title to the property because their deed was signed by only some, not all, of the c
• Klein v. Melania Flores Meza & Kendall Acres Condo. Ass'n, Inc.
  4 So. 3d 51· Fla. 3d DCA· 2009-02-18 ·cited 2×
  Linda Klein appeals a judgment quieting title in Melania Flores Meza to a condominium unit. The court reverses, holding that Meza cannot acquire title through adverse possession because her occupancy was under an executory contract for deed and she failed to make the required bal
• Barclay v. Robert C. Malt & Co., Inc.
  985 So. 2d 53· Fla. 4th DCA· 2008-06-18 ·cited 2×
  The trial court granted summary judgment to a lender on its claim to quiet title to mortgaged property based on the lender's long-term possession and the borrower's abandonment. The appellate court reversed, holding that a mortgagee lacks legal title to the property and therefore