Adverse Possession

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

• Madison Cnty. Bd. OF Educ. v. Ill. Cent. R.R. Co.
  939 F.2d 292· 5th Cir.· 1991-08-22
  The court held that the 1882 Mississippi Charter granting a railroad right-of-way over Sixteenth Section lands was valid, as the State held title in fee simple and the grant did not violate any federal trust obligations.
• United States v. Thompson
  941 F.2d 1074· 10th Cir.· 1991-08-12
  The court held that the Pueblo Lands Act created a statute of limitations applicable to Pueblo claims, including those concerning overlap lands, and that this statute had expired.
• United States v. Tobias
  935 F.2d 666· 4th Cir.· 1991-06-11
  A party who unsuccessfully fought to deny another party's claim to a fund cannot recover attorney's fees and costs from that party under the common fund doctrine.
• Evie T. Parker v. NIX
  580 So. 2d 178· Fla. 1st DCA· 1991-03-29
  A cotenant excluded from possession by a court order does not lose title to their share through the other cotenant's alleged adverse possession or ouster.
• United States v. Certain Land Located IN the Cnty. OF Barnstable
  889 F.2d 352· 1st Cir.· 1989-11-17
  The court held that the cottage was not 'improved property' under the Cape Cod National Seashore Act because it did not qualify as a 'one-family dwelling' due to its lack of essential utilities and compliance with health standards.
• Archer v. Levy
  543 So. 2d 863· Fla. 3d DCA· 1989-05-23
  The Archers appealed a trial court judgment that required them to deed a six-foot strip of their property to the Levys to allow the Levys to maintain a tennis court that had encroached on the Archers' lot since before they acquired title. The appellate court reversed, holding tha
• United States v. Trujillo
  853 F.2d 800· 10th Cir.· 1988-08-03
  The court held that the district court's finding that appellants' predecessors in interest did not claim the contested tracts before the Pueblo Lands Board was not clearly erroneous, and thus title remained with the Taos Pueblo.
• Laughlin v. Morauer
  849 F.2d 122· 4th Cir.· 1988-06-09
  The court held that the filing of a subdivision plat dedicating land as a park created a public easement, and that a prior state court judgment did not preclude this claim due to procedural defects.
• Dillon v. Delmon Hodges and Connell Ashley
  804 F.2d 1384· 5th Cir.· 1986-12-03
  The court held that the parties owned the property as tenants in common because the land certificate was located prior to conveyances, and legal title inured to the benefit of the equitable owners upon patent issuance.
• Willard v. The City OF Beaumont
  761 F.2d 1100· 5th Cir.· 1985-06-03
  Filing a public claim of ownership adverse to the record owner does not constitute a "taking" of property under the Fifth and Fourteenth Amendments, even if it diminishes market value.
• United States v. Garcia
  762 F.2d 862· 10th Cir.· 1985-05-24
  The court held that the district court erred in requiring proof of tax payments for adverse possession under the version of N.M.Stat.Ann. § 37-1-21 applicable to the claim, and that the case should be remanded for further findings.
• SUN Bank OF Ocala v. Brennan
  455 So. 2d 1339· Fla. 5th DCA· 1984-09-20
  The court held that substantial competent evidence supported a finding of title by adverse possession, even if the initial possession was based on a mistake.
• Jones v. Alec Gould & the Dep't of Interior
  741 F.2d 220· 8th Cir.· 1984-08-23
  The court held that the district court's finding of abandonment of the disputed road was not clearly erroneous.
• In re Ark. Cmtys., Inc. v. Ark. Cmtys., Inc.
  741 F.2d 185· 8th Cir.· 1984-08-20
  The court held that ACI's established adverse possession of the disputed tract prevented AP & L from obtaining relief, regardless of the true boundary line's location.
• United States v. 79.31 Acres OF Land
  717 F.2d 646· 1st Cir.· 1983-09-15
  A cotenant's claim to compensation in a condemnation action is limited to their proportionate share of ownership, and possessory acts coupled with a claim of title can establish a right to compensation for an undivided interest, even without perfect legal title.
• O'Neal v. Elliott Duggar and Ruby Duggar
  429 So. 2d 1308· Fla. 1st DCA· 1983-04-14
• James v. P.P. Langford
  701 F.2d 123· 10th Cir.· 1983-02-28
  The court held that the trial court correctly applied the standards from Oklahoma v. Texas to determine the river bank and ownership, and that prior litigation resolved claims to the river bed south of the medial line.
• Maude Santore and Salvatore Santore v. LEE
  426 So. 2d 1208· Fla. 4th DCA· 1983-02-09
• Conner v. Barth
  410 So. 2d 193· Fla. 5th DCA· 1982-02-17
  The Florida District Court of Appeal reversed a trial court's judgment regarding the location of a property boundary, finding the record insufficient to determine the correct location of a government lot's corner. The court remanded the case for further proceedings.
• Tatra, Inc. v. Spencer
  409 So. 2d 1172· Fla. 3d DCA· 1982-02-16
  The court affirmed the trial court's judgment, finding sufficient evidence to support adverse possession or boundary by acquiescence.
• Houston v. United States Gypsum Co.
  652 F.2d 467· 5th Cir.· 1981-08-03
  The court held that the Houstons acquired title to the accretion property by adverse possession, satisfying the elements of Mississippi law, including actual possession of wild land and actual notice to the record owner.
• Boise Cascade Corp. v. Union Pac. R.R. Co.
  630 F.2d 720· 10th Cir.· 1980-07-24
  A railroad's right-of-way under the 1875 Act is perfected by actual construction, not solely by filing a profile map, and this right takes precedence over subsequent state land grants.
• ST. JOE Paper Co. v. ST. Johns Cnty.
  383 So. 2d 915· Fla. 5th DCA· 1980-03-11
  The court held that the county failed to establish compliance with Florida Statutes § 95.361 because its actions did not constitute 'construction' of the roadway as required by the statute.
• Energy Transp. Sys., Inc. v. Union Pac. R.R. Co.
  619 F.2d 696· 8th Cir.· 1980-02-22
  The court held that Union Pacific's interest under the Pacific Railroad Acts was a limited right-of-way, not fee simple, and that Nebraska's 'in lieu' school land patent conveyed the servient estate, allowing it to grant a pipeline easement.
• Kelly v. Stevenson
  378 So. 2d 1304· Fla. 4th DCA· 1980-01-04
  Kelly appealed a directed verdict entered against her in a property ownership dispute. The court reversed, finding that Kelly presented competent evidence of an oral and written trust agreement and that her action was timely filed within three years of discovering the breach.
• Hingson v. Landen
  369 So. 2d 426· Fla. 1st DCA· 1979-04-04
  The court held that the statute of limitations does not run against a remainderman until the termination of the life estate, unless the remainderman has actual knowledge of the life tenant's repudiation of their status or the life tenant's adverse claim.
• United States v. Wilshire Apts.
  590 F.2d 876· 10th Cir.· 1979-01-22
  The court held that a receiver must use a plenary suit, not a summary proceeding, to obtain property in the possession of a third party claiming adverse interest.
• Wymbs v. Arvida Corp.
  48 Fla. Supp. 110· Palm Beach Cty. Cir. Ct.· 1978-07-17
  In this class action bench trial, the court rejected plaintiffs' claims that members of the public had acquired prescriptive or customary rights to use footpaths and beach areas on privately owned beachfront property (Sabal Point) in Boca Raton. The court found that the claimed p
• The Nature Conservancy v. MacHipongo Club, Inc.
  571 F.2d 1294· 4th Cir.· 1978-03-02
  The court held that the deed did not convey a right-of-way and that the Coast Guard did not acquire a prescriptive easement for the beach access road, as the use was permissive.
• Edward v. Pikulski
  347 So. 2d 723· Fla. 2d DCA· 1977-06-15
• Dawson v. Mathews
  338 So. 2d 1086· Fla. 1st DCA· 1976-09-29
  Appellants sought to quiet title to lands claimed under a 1792 Spanish grant to John McQueen in Duval County, Florida. The trial court denied their claim to property in Section 12, finding they could not establish title to lands east of Section 37. The appellate court reversed, h
• Hinson Boyd v. Lane
  335 So. 2d 324· Fla. 1st DCA· 1976-06-16
  The dissenting opinion argues that the trial court erred in finding title by adverse possession because the evidence did not establish possession prior to the statutory cutoff date and the plaintiff did not have a claim of title exclusive of any other right.
• Chapman v. Norman Moser and wife
  532 F.2d 425· 5th Cir.· 1976-05-27
  The court held that the trial court properly applied Texas law regarding adverse possession and apportionment of accreted land, and that the jury's factual findings were supported by substantial evidence.
• In re the Application for Registration of Title to Est. No. 972 v. Gov't OF Guam
  527 F.2d 1095· 9th Cir.· 1974-05-17
  The court held that substantial evidence supported the district court's findings that the applicant failed to prove ownership of land in excess of the five hectares described in his deed.
• Sheffield v. City OF Tallahassee
  280 So. 2d 460· Fla. 1st DCA· 1973-07-17
  The appellate court affirmed a trial court's finding that a city had acquired an easement for a power line through adverse possession but reversed a gratuitous statement by the trial court regarding future pole placement. The case clarifies the scope of easements acquired through
• Baltic Inv. Co. v. Perkins
  475 F.2d 964· D.C. Cir.· 1973-02-21
  The court held that the defendant established a prescriptive easement because the use was open, notorious, continuous, and adverse for the statutory period, and the plaintiff failed to present contradictory evidence.
• McDONALD v. O'Meara
  473 F.2d 799· 5th Cir.· 1973-01-24
  A sublessee who undertakes to defend the lessor's title and then makes a self-dealing agreement with an adverse claimant must account for all benefits received under that agreement to the lessor.
• In re Four Seasons Nursing Ctrs. OF Am., Inc.
  472 F.2d 744· 10th Cir.· 1972-12-19
  The court held that a bankruptcy court may summarily adjudicate a controversy over property if the adverse claimant's claim is merely colorable and lacks substantial justification.
• Dunscombe v. Coutant
  267 So. 2d 681· Fla. 4th DCA· 1972-10-18
  Appellant Dunscombe sought declaratory relief regarding title to real property but faced dismissals and summary judgment. The Florida District Court of Appeal reversed the summary judgment, finding the trial court improperly used that procedure when it should have used a motion t
• Esquire Ests., Inc. v. Krakow
  249 So. 2d 503· Fla. 3d DCA· 1971-05-11
  The court held that the trial court erred in finding a party wall easement existed, as the facts did not support a claim of common law origin, prescriptive right, or presumed agreement.
• Canton v. Adolph Duvergee
  438 F.2d 1218· 3d Cir.· 1971-03-03
  The court held that the plaintiff failed to prove adverse possession because his actions were not adverse or notorious, but rather consistent with his fiduciary role as stepson managing the estate.
• Confederated Salish and Kootenai Tribes of the Flathead Reservation v. Vulles
  437 F.2d 177· 9th Cir.· 1971-01-28
  The court held that the Tribes, through the continuous, open, notorious, exclusive, and adverse use of the road by its members, established an independent right of way by prescription for hunting, berry picking, and recreation, which the lower court erroneously denied.
• United States v. 371.94 Acres OF Land
  431 F.2d 975· 6th Cir.· 1970-09-22
  The court held that the State of Tennessee's actions, including protests and tax payments by the landowners, tolled the statute of limitations for adverse possession, preventing the State from acquiring title to the disputed tracts.
• Cora B. Robinson v. Holmes
  235 So. 2d 542· Fla. 2d DCA· 1970-05-13
  The court held that the plaintiffs should have an opportunity to prove title vested under prior adverse possession law, as the trial court erred in granting summary judgment.
• Myers v. Canton
  426 F.2d 462· 3d Cir.· 1970-05-11
  The court held that the plaintiff's possession of the property, including a superficiary house, constituted adverse possession for the statutory period, divesting the record owners of title.
• Hutchison v. Harrell's Groves, Inc.
  234 So. 2d 142· Fla. 2d DCA· 1970-04-08
  Adverse possession claim based on enclosure since 1922 was improperly dismissed on summary judgment where the sketch submitted was incomplete and the trial court misunderstood the conflicting allegations regarding boundary enclosure.
• Grizzard v. City OF Leesburg
  34 Fla. Supp. 58· Lake Cty. Cir. Ct.· 1970-03-09
  Grizzard sued to establish the true boundary line of his property against a state road marker placed 50 feet from the road's center line, claiming the actual boundary was 30 feet from center. The court held that the public acquired only a 30-foot right-of-way by prescription, not
• Armstrong Cork Co. v. Hiltz Crook
  227 So. 2d 64· Fla. 1st DCA· 1969-10-07
  Armstrong Cork Company appealed a directed verdict in favor of Hiltz Crook in an ejectment action over disputed property. The court reversed, holding that questions regarding the sufficiency of a property description in Crook's deed and the elements of adverse possession should h
• Corrigan v. Cato
  206 So. 2d 423· Fla. 4th DCA· 1968-01-25
  Subsequent private plats cannot alter property boundaries established by prior recorded deeds, and the meanderings of a river referenced in those deeds form the boundary.
• Brown v. Semple
  204 So. 2d 229· Fla. 3d DCA· 1967-11-21
  In a quiet title action over property on Plantation Key, Florida, the court affirmed summary judgment quieting title in the appellees despite the appellants' claims based on a probate order and conveyance from 1915. The court held that the parties' claimed properties were located