Adverse Possession

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

• Waterhouse v. Hoover
  203 F.2d 171· 6th Cir.· 1953-03-31 ·cited 2×
  The court held that the district court correctly applied Ohio law as established in Elsen v. Hughes, following the mandate of Erie Railroad Co. v. Tompkins, and properly granted summary judgment.
• King v. Hester
  200 F.2d 807· 5th Cir.· 1952-12-17 ·cited 2×
  The court held that the instruments at issue were executory contracts or too indefinite to convey mineral interests, and that claims were lost to laches, abandonment, or limitations, except for a specific tract where the prior judgment was not a bar.
• Anderson v. Anderson-Tully Co.
  196 F.2d 684· 5th Cir.· 1952-05-08 ·cited 2×
  The court held that the appellant failed to establish title by adverse possession and that the appellee's title to the disputed land was valid.
• Roberson v. Mumaw
  3 Fla. Supp. 177· Lake Cty. Cir. Ct.· 1951-10-15 ·cited 2×
  Property owners in a Florida subdivision sought to enforce rights to streets and a public park shown on the original plat against defendants who claimed title to portions of those areas and had erected a fence blocking access. The court held that the original subdivider's plat co
• United Fuel Gas Co. v. Dyer
  185 F.2d 99· 4th Cir.· 1950-11-08 ·cited 2×
  Adverse possession of the surface of land does not ripen title to severed mineral interests if the possessor had no notice of the severance.
• Ringstad v. Grannis
  171 F.2d 170· 9th Cir.· 1948-12-02 ·cited 2×
  The court held that the trial court erred in failing to instruct the jury to find for the plaintiff on the issue of title, as her possession and that of her predecessors met the requirements for adverse possession. The court also found error in jury instructions regarding damages
• Dennis v. Vill. OF Tonka BAY
  156 F.2d 672· 8th Cir.· 1946-07-26 ·cited 2×
  A village zoning ordinance is constitutional as applied to plaintiffs' property, even if it reduces the property's value for a specific commercial use, as long as it rationally relates to the community's health, safety, and general welfare.
• Thlocco v. Magnolia Petroleum Co.
  141 F.2d 934· 5th Cir.· 1944-04-12 ·cited 2×
  A good faith purchaser for value from a trustee, relying on a Texas statute protecting such transactions, acquires good title, and limitations statutes run against an adjudicated incompetent of sound mind.
• Chicago v. Menhall
  131 F.2d 117· 7th Cir.· 1942-11-02 ·cited 2×
  The court held that the exception in the deeds was void for uncertainty, meaning all oil and gas rights passed to the grantee, and that defendants did not acquire title to those rights through adverse possession of the surface.
• Superior Oil Co. v. Harsh
  126 F.2d 572· 7th Cir.· 1942-02-26 ·cited 2×
  The court held that the defendants failed to establish title through adverse possession or presumption of an ancient grant, thus upholding the plaintiff's lease.
• Saulsberry v. Maddix
  125 F.2d 430· 6th Cir.· 1942-02-04 ·cited 2×
  The court held that a mineral reservation in a deed is valid between the parties, even if the grantor only owned a partial interest, and that the reservation applied to all land conveyed. The court also held that a deed was not void for champerty because the grantor's co-tenant h
• Gillis v. Curd
  117 F.2d 705· 6th Cir.· 1941-02-10 ·cited 2×
  The court held that the appellee acquired title to the land through adverse possession, and that the 1934 amendment to Kentucky's statute of limitations, removing coverture as a disability, applied retroactively.
• Soderberg v. Harriett A. Davis
  118 Fla. 288· Fla.· 1935-01-25 ·cited 2×
  The Florida Supreme Court affirmed a foreclosure decree on a vendor's lien for unpaid purchase money, holding that the three-year statute of limitations does not bar enforcement of a vendor's lien when the vendor retains legal title under an unexecuted land contract and the vende
• Milton v. Danford
  100 Fla. 761· Fla.· 1930-09-11 ·cited 2×
  The Florida Supreme Court reversed an order granting a new trial in an ejectment action, holding that a deed to land already in adverse possession by another is void against the adverse claimant and cannot provide the basis for recovery.
• City of Jacksonville v. Broward
  97 Fla. 885· Fla.· 1929-05-24 ·cited 2×
  The Florida Supreme Court reversed a lower court decision that overruled demurrers in a dispute over unpartitioned land between co-tenants. The court held that one co-tenant cannot be treated as a trustee of sale proceeds for other co-tenants absent a contract between them, even
• Fletcher Greer and William Greer v. Farrington
  86 Fla. 243· Fla.· 1923-07-28 ·cited 2×
  The Florida Supreme Court reversed a judgment in an ejectment action, finding that the trial court erred by excluding evidence regarding non-compliance with tax assessment and collection statutes. The case involved a tax deed issued by the Town of Fort Lauderdale.
• Ada K. Lang v. Kennard
  83 Fla. 395· Fla.· 1922-03-18 ·cited 2×
  In this partition proceeding, the Florida Supreme Court addressed whether S. J. Kennard retained title to property sold under execution in 1869, or whether his wife's subsequently acquired and continuously recognized title extinguished his ownership rights. The court held that Ke
• Edulia Smith Price and Bayard R. Price v. Horton
  79 Fla. 97· Fla.· 1920-01-26 ·cited 2×
  This case involves a dispute over title to real estate. The court reversed a lower court's decree quieting title in favor of the complainant, finding that while the complainant had superior legal title, he must do equity to obtain relief.
• Turknett v. Johnson
  66 Fla. 309· Fla.· 1913-11-11 ·cited 2×
  This ejectment case involves competing possession claims to 33 acres of Florida land. The plaintiff relied solely on a deed from the McClennys (who had never possessed the property) and a small 75-foot square fence built in May 1909, while the defendant claimed possession of the
• Mich. Tr. Co. v. Canada
  65 Fla. 54· Fla.· 1913-01-28 ·cited 2×
  In this ejectment action, the Florida Supreme Court reversed a judgment for the defendant who claimed adverse possession without color of title. The court held that the defendant's possession—limited to living on the land, building a house, and maintaining a fence—did not satisfy
• United States Sugar Co. v. John W. Henderson and Others
  63 Fla. 692· Fla.· 1912-01-01 ·cited 2×
  United States Sugar Company sought to enforce an alleged equitable interest in Everglades lands originally transferred to John A. Henderson, claiming Henderson held the land in trust for the company's predecessors. The Florida Supreme Court affirmed dismissal of the complaint, fi
• Yellow Pine Lumber Co. v. Jernigan
  56 Fla. 891· Fla.· 1908-06-01 ·cited 2×
  The Florida Supreme Court affirmed a lower court's decision dismissing a lumber company's bill to enjoin trespass and enforce a deed. The court found the lumber company failed to prove the validity and effectiveness of a deed it relied upon to establish its title.
• Mathews v. Durkee
  34 Fla. 559· Fla.· 1894-06-01 ·cited 2×
  In this ejectment action, the Florida Supreme Court affirmed judgment for defendants who claimed title through adverse possession under the statute of limitations. The court held that even though the administratrix of the decedent's estate was the legal party to defend against th
• Spratt v. Livingston
  32 Fla. 507· Fla.· 1893-06-01 ·cited 2×
  In this ejectment action, the Florida Supreme Court affirmed a judgment for the plaintiff Livingston, who acquired title to a Jacksonville lot through an execution sale on a judgment against the Comptroller of the Currency acting as Commissioner of the Freedman's Savings and Trus
• Soutter v. Miller
  15 Fla. 625· Fla.· 1876-01-01 ·cited 2×
  The Florida Supreme Court upheld a judgment awarding possession of real property to trustees of the Florida Railroad Company against a defendant who claimed title through a tax sale certificate. The court held that the trustees had valid legal title under a deed of trust and that
• Okefenoke Rural Elec. Membership Corp. v. Dayspring Health, LLC
  300 So. 3d 371· Fla. 1st DCA· 2020-07-15 ·cited 1×
  The appellate court reversed a trial court's decision, finding that an electric company had established a prescriptive easement over private property. The court determined that the company's mistaken placement of utility poles on private land, unknown to the landowners for decade
• Bank OF Am., N.A. v. Eastridge
  253 So. 3d 722· Fla. 5th DCA· 2018-08-10 ·cited 1×
  Bank of America appeals a default judgment awarding unencumbered title to the property to the Eastridges based on adverse possession. The Florida Fifth District Court of Appeal reversed, holding that Florida law still requires seven continuous years of adverse possession, not mer
• Mathers v. Wakulla Cnty.
  219 So. 3d 140· Fla. 1st DCA· 2017-05-02 ·cited 1×
  The Matherses appealed a summary judgment dismissing their claims that Kristin Lane became a county road under Florida's statutory-presumed dedication statute. The court held that acceptance by the government entity is not required for statutory-presumed dedication and that priva
• Dadd v. Houde
  176 So. 3d 347· Fla. 3d DCA· 2015-09-09 ·cited 1×
  In this boundary dispute, the Florida Third District Court of Appeal reversed a trial court judgment favoring the neighbor and quieted title in Dadd for a disputed 6.5-by-79.5-foot strip of land. The court held that under the 1974 version of Florida's adverse possession statute,
• Bedford v. Fam. Dollar Stores of Fla., Inc.
  2015 U.S. Dist. LEXIS 29807· S.D. Fla.· 2015-03-05 ·cited 1×
• Bush v. Grasswick
  830 So. 2d 963· Fla. 1st DCA· 2002-11-25 ·cited 1×
• Jabour v. Calleja
  731 So. 2d 792· Fla. 3d DCA· 1999-04-21 ·cited 1×
  In this boundary dispute, the Jabours obtained a quitclaim deed from the Callejas to resolve a property line conflict. The Callejas later sought to rescind the deed, claiming unilateral mistake about the acreage conveyed. The appellate court reversed the trial court's invalidatio
• T.T. Todd Co., Inc. v. Kent
  675 So. 2d 693· Fla. 1st DCA· 1996-06-25 ·cited 1×
  Florida appellate court reversed a boundary dispute judgment because the trial court applied equitable estoppel and boundary by acquiescence theories that were never pleaded by the defendants, who only raised adverse possession under color of title as their affirmative defense.
• Hutchins v. Strickland
  674 So. 2d 870· Fla. 1st DCA· 1996-05-29 ·cited 1×
  The Stricklands sued the Hutchinses for trespass after the Hutchinses removed a fence and erected a new one based on a survey. The trial court found a boundary by acquiescence existed, but the appellate court reversed, holding that the Stricklands failed to prove the location of
• Benton C. Cavin v. The United States
  956 F.2d 1131· Fed. Cir.· 1992-02-13 ·cited 1×
  The court held that the Cavins lacked a compensable property interest for takings claims based on pre-1984 Forest Service activities because they did not obtain a patent until 1984. However, a claim for post-1984 use of a road was not time-barred.
• Isabella Drew Marsella v. Crapps
  529 So. 2d 1232· Fla. 1st DCA· 1988-08-10 ·cited 1×
  The court held that disputed issues of material fact regarding survey accuracy precluded summary judgment on the location of the government section line.
• Hollywood, Inc. v. Zinkil
  403 So. 2d 528· Fla. 4th DCA· 1981-09-02 ·cited 1×
  In this long-running dispute over public beach ownership in Hollywood, Florida, the court affirmed that the City holds beach property through dedication and a 1927 deed as a fee simple determinable (for Block 205) and through dedication (for Block C), but reversed the jury's find
• Bradbury v. William B. Fuller and wife
  385 So. 2d 7· Fla. 5th DCA· 1980-06-27 ·cited 1×
  The court held that the plaintiff should be given an opportunity to amend his complaint, as it is not certain that all theories of action would be barred by the statute of limitations.
• Addison v. Benedict
  225 So. 2d 335· Fla. 2d DCA· 1969-07-03 ·cited 1×
  Addison and Futch appealed a quiet title judgment against them after they acquired land from a 1941 Murphy tax deed. The court affirmed, holding that the tax deed conveyed only the title of Tusch (the original tax debtor), not the adjacent properties owned by Benedict and the Bix
• Parramore v. Stoutamire
  202 So. 2d 832· Fla. 1st DCA· 1967-09-14 ·cited 1×
  In this title dispute, the appellate court affirmed the trial court's quiet title decree in favor of the plaintiffs, who claimed title through adverse possession and statutory limitations periods. The court held that the trial judge, sitting as chancellor in equity, did not abuse
• Stapp v. Commander
  1 Fla. Supp. 184· Lake Cty. Cir. Ct.· 1952-02-05 ·cited 1×
  In this ejectment action, the court resolved a disputed property line between neighboring properties based on the original government survey. The plaintiffs' surveyor correctly located the original government monuments, establishing that the disputed 15-foot strip belonged to the
• Zeigler v. McGhee
  Fla. 3d DCA· 2026-07-23
  Appellants failed to meet the strict statutory requirements for adverse possession, and all doubts are resolved in favor of the property owner.
• Ella III, LLC v. Madden
  Fla. 5th DCA· 2026-04-02
  The four-year statute of limitations in Florida Statute § 95.191 applies only where property was already being adversely possessed at the time the tax deed was issued, not where adverse possession began after the deed was recorded. Summary judgment was improper where conflicting
• Van Horn v. Townsend Real Estate
  Del. Ch.· 2026-02-27
  Michael Van Horn sought to quiet title to a disputed 50-by-100-foot parcel of land by adverse possession, claiming his family had continuously, openly, and adversely possessed the property since the 1940s. The Delaware Court of Chancery found that Van Horn satisfied all elements
• Marshall Fam. Props., LLC v. Fusco
  Del. Ch.· 2026-01-28
  In a dispute over title to a narrow strip of land, the Delaware Court of Chancery granted a motion to strike a 1948 deed from respondents' post-trial briefing. The court found that respondents violated discovery rules, a scheduling order, and a pretrial order by failing to disclo
• Stallworth v. Legacy Rentals, LLC
  Fla. 3d DCA· 2025-06-25
  The Stallworths did not establish all necessary elements to prove adverse possession of the property.
• A&a Wealth Mgmt., LLC v. THE Sec'y of Hous. & Urban Dev. (hud)
  S.D. Fla.· 2025-03-28
  The court held that the plaintiff failed to state a plausible claim for quiet title because it did not allege facts demonstrating a cloud on its title or the invalidity of HUD's alleged lien.
• Hall v. Mundy
  Del. Ch.· 2025-01-08
  The court held that plaintiffs proved by a preponderance of the evidence that Joshua H. Walters was their father, entitling them to inherit a fifty-percent interest in the subject property. The court further held that the equitable doctrine of laches did not bar the plaintiffs' q
• Lopez v. Lopez
  Fla. 3d DCA· 2024-10-23
  An order dismissing a complaint with leave to amend is interlocutory and non-final, lacking appellate jurisdiction, because judicial labor has not ended and the trial court retains authority to consider amended pleadings.
• McNulty Lofts Condo. Ass'n, Inc. v. WRH McNulty Garage, LLC
  385 So. 3d 183· Fla. 2d DCA· 2024-04-05
  McNulty Lofts Condominium Association appeals from a summary judgment order in favor of WRH McNulty Garage in an ejectment action involving a disputed boundary line on the sixth floor of a mixed-use building. The appellate court reversed, finding that internal inconsistencies in