Adverse Possession

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

• Bishop v. Ralph A. Johnson and wife
  100 So. 2d 817· Fla. 1st DCA· 1958-02-18 ·cited 24×
  Appellants challenged a summary decree awarding title to a disputed peninsula to appellees. The court held that the official 1849 government survey and plat creating the disputed lots are conclusive and paramount over a later private survey that allegedly showed the peninsula in
• Kirby Lumber Corp. v. Webb Laird
  231 F.2d 812· 5th Cir.· 1956-04-12 ·cited 24×
  When both the true owner and the adverse claimant (landlord) know that the tenant in possession has attorned to the true owner, the adverse claimant's possession is broken by their failure to act.
• Jordan v. Cary D. Landis
  128 Fla. 604· Fla.· 1937-06-04 ·cited 24×
  The Florida Supreme Court affirmed the lower court's decision canceling a deed and mortgage that transferred trust property held for a charitable industrial school to a non-profit corporation without proper authority. The court held that trustees of a charitable trust cannot conv
• Miller v. Griffin
  99 Fla. 976· Fla.· 1930-05-03 ·cited 24×
  The Florida Supreme Court affirmed a state circuit court's jurisdiction over a partition suit involving inherited land, holding that the state court obtained exclusive jurisdiction over the property when the partition suit was filed, preventing a subsequent federal court decree f
• Bunch v. High Springs Bank
  81 Fla. 450· Fla.· 1921-04-04 ·cited 24×
  This case involves an ejectment action where the appellate court reversed a lower court's directed verdict for the plaintiff. The court held that the plaintiff failed to prove title and a present right of entry because the property was in the adverse possession of the defendant a
• Welborn v. Pierce
  75 Fla. 667· Fla.· 1918-05-10 ·cited 24×
  Welborn filed a bill in equity to quiet title to property in Dade County, alleging that unknown defendants claimed interests that clouded his title, but he failed to allege the nature of those claimed interests or show due diligence in attempting to discover them. The Florida Sup
• Baugher v. Boley
  63 Fla. 75· Fla.· 1912-01-01 ·cited 24×
  In this ejectment action, the court addresses whether adverse possession title may be acquired under the 1901 statute requiring only seven years of possession with a substantial enclosure, or whether the pre-1901 twenty-year requirement applies. The court affirms the defendant's
• McGourin v. The Town of DeFuniak Springs
  51 Fla. 502· Fla.· 1906-01-01 ·cited 24×
  McGourin appeals a decision dissolving his injunction against the Town of DeFuniak Springs and its officers who sought to convert his private property into a public street. The Supreme Court reverses, holding that the town failed to prove the property was dedicated to public use
• Pamella Haas v. Haas
  552 So. 2d 252· Fla. 4th DCA· 1989-11-08 ·cited 23×
  This appeal involves a post-dissolution modification of alimony and disputes over the marital home and household goods. The court affirmed the trial court's reduction of alimony due to the husband's loss of medical privileges from alcoholism, but partially reversed regarding the
• Lily Theo Moore v. Musa
  198 So. 2d 843· Fla. 3d DCA· 1967-05-09 ·cited 23×
  Plaintiff Moore appealed from a final decree dismissing her quiet title action against defendants who claimed overlapping property created by platting errors in 1916 and 1923. The court reversed the dismissal as to defendant Liles, holding that Moore presented sufficient evidence
• Doke v. Williams
  45 Fla. 248· Fla.· 1903-01-01 ·cited 23×
  This case concerns whether a third party can be compelled to be joined as a defendant in a lawsuit over the objection of the plaintiff. The court held that a plaintiff cannot be forced to sue a party against whom they do not wish to proceed, nor can a third party be made a defend
• The Fla. S. Ry. Co. v. Burt
  36 Fla. 497· Fla.· 1895-06-01 ·cited 23×
  The Florida Supreme Court reversed a judgment in ejectment where George Burt recovered against the Florida Southern Railway Company, holding that Burt failed to prove sufficient title to the disputed land in Palatka. The court established that in ejectment actions relying on pape
• Turner Horne v. Carter's Administrators
  20 Fla. 45· Fla.· 1883-06-01 ·cited 23×
  Turner Horne appeals an ejectment judgment for possession of a 75-acre tract of land in Jackson County, Florida. The primary issues concern whether adverse possession could bar recovery, whether a verbal gift from Horne's father created sufficient title, and whether the jury was
• McDONALD v. O'Steen
  429 So. 2d 407· Fla. 1st DCA· 1983-03-29 ·cited 22×
  The court held that the old fence line was the established boundary by acquiescence, and this boundary was not extinguished by a subsequent tax deed.
• Linette Hanna v. Means
  319 So. 2d 61· Fla. 2d DCA· 1975-08-08 ·cited 22×
  The court held that a statutory way of necessity can be granted over a neighbor's land upon payment of compensation, even if a common law way of necessity was not established.
• In the Matters of Am. Nat'l Tr. & Republic Nat'l Tr. v. Loveless
  426 F.2d 1059· 7th Cir.· 1970-05-27 ·cited 22×
  The court held that while a Chapter X trustee can reject executory contracts, a reorganization court lacks summary jurisdiction to adjudicate adverse claims to property held by a third party, even if related to the contract rejection, unless the claimant consents.
• Mannie P. Chasteen v. J. F. Chasteen and his wife
  213 So. 2d 509· Fla. 1st DCA· 1968-08-20 ·cited 22×
  Six heirs of J. R. Chasteen appealed a decree quieting title to 200 acres in J. F. Chasteen (Fred Chasteen), one of the heirs who claimed adverse possession. The court held that Fred acquired title by adverse possession as to his adult siblings but failed to establish adverse pos
• United States v. Fullard-Leo
  156 F.2d 756· 9th Cir.· 1946-05-23 ·cited 22×
  The court held that the Hawaiian Land Court's decree quieting title in appellees' predecessor was conclusive against the United States, and that the presumption of a lost grant was warranted by the evidence of long-standing possession.
• Kester v. Nellie L. Cowan Bostwick (formerly Nellie L. Cowan) a widow
  153 Fla. 437· Fla.· 1943-07-30 ·cited 22×
  A Florida Supreme Court case determining the validity of a tax deed acquired by Kester for Pompano Beach property and establishing the measure of mesne profits owed to the rightful owner who recovered through ejectment. The court held the tax deed invalid due to insufficient prop
• Scott v. Fairlie
  81 Fla. 438· Fla.· 1921-04-04 ·cited 22×
  In this ejectment action, the Florida Supreme Court held that remaindermen under a deed creating a life estate and remainder interest could recover possession of property from subsequent purchasers, even though those purchasers had maintained adverse possession during the life te
• Sherlock v. Varn
  64 Fla. 447· Fla.· 1912-06-01 ·cited 22×
  In this ejectment action, the Florida Supreme Court reversed a jury verdict for the defendants, holding that the trial court erred in admitting a defective tax deed with vague property description and in giving a confusing jury instruction on the validity of tax deeds. The court
• Meylert M. Armstrong v. Wilcox
  57 Fla. 30· Fla.· 1909-01-01 ·cited 22×
  The Florida Supreme Court affirmed a judgment for defendants in an ejectment action, holding that adverse possession can extinguish a prior paper title, even if the possessor initially entered as a tenant, provided proper notice of adverse claim is given. The court also clarified
• Jones v. Shomaker
  41 Fla. 232· Fla.· 1899-01-01 ·cited 22×
  Violet Jones, a longtime domestic servant, was bequeathed land for life with remainder to her children under her employer's will, but an execution creditor purchased the same land at a sheriff's sale. The Florida Supreme Court held that a creditor who accepts a testamentary provi
• Harris Berlack v. Philip Halle et ux.
  22 Fla. 236· Fla.· 1886-01-01 ·cited 22×
  Harris Berlack appeals an ejectment judgment against him. The Florida Supreme Court reversed, holding that the foreclosure decree was void because the legal title holder, Myers, was not a party to the foreclosure suit, and therefore the plaintiff-appellees failed to establish sup
• Nelle J. Fitzgerald v. Geary S. Fitzgerald
  558 So. 2d 122· Fla. 1st DCA· 1990-03-09 ·cited 21×
  In this appeal from a partition order of a marital home, the former wife challenges two special equities awarded to the former husband. The court reverses both equities, holding that payments made as spousal support cannot be credited and that an ouster was not properly establish
• Etta Rosenthal v. Largo Land Co.
  146 Fla. 81· Fla.· 1941-02-07 ·cited 21×
  Etta Rosenthal claimed a beneficial interest in a land purchase contract made in the name of G.B. Skipper based on her alleged payment of earnest money. The Florida Supreme Court affirmed the lower court's dismissal of her counterclaim, holding that a resulting trust did not aris
• Harris v. Butler
  52 Fla. 253· Fla.· 1906-06-01 ·cited 21×
  This case concerns an ejectment action where the plaintiff claimed title to land based on a lost deed and prior possession. The court affirmed the lower court's decision for the defendant, holding that the plaintiff failed to prove legal title or the required prior possession and
• Reyes v. Middleton
  36 Fla. 99· Fla.· 1895-06-01 ·cited 21×
  Complainants sought equity relief to remove clouds on title to Florida land and enjoin defendants from slandering their title by asserting competing ownership claims. The Florida Supreme Court reversed, holding that equity lacks jurisdiction to restrain title slander absent breac
• Terrell v. Weymouth
  32 Fla. 255· Fla.· 1893-06-01 ·cited 21×
  Franklin Terrell sued to recover an undivided one-twelfth interest in land, claiming a partition sale that transferred the property to his guardians was void because the minor heirs were not properly made parties and the administratrix lacked authority to initiate partition proce
• Rebuck v. Vogel
  713 F.2d 484· 8th Cir.· 1983-08-10 ·cited 20×
  The court held that the district court did not abuse its discretion in denying motions to introduce new evidence after judgment and that its findings regarding adverse possession were supported by substantial evidence.
• GAY Bros. Constr. Co. v. Fla. Power & Light Co.
  427 So. 2d 318· Fla. 5th DCA· 1983-02-23 ·cited 20×
  The court held that a prescriptive easement can be established even if the encroaching use was initially a mistake, as long as the use was adverse under a claim of right.
• Wilson v. Jackson B. Tanner and Pearl E. Tanner
  346 So. 2d 1077· Fla. 1st DCA· 1977-06-10 ·cited 20×
  The Wilsons owned legal title to a 25-acre tract and brought an ejectment action against the Tanners, who counterclaimed for title by adverse possession based on a long-standing fence line. The trial court reversed a jury verdict for the Wilsons and directed judgment for the Tann
• Harrington Chandler and Altamease Chandler v. Chandler
  330 So. 2d 778· Fla. 1st DCA· 1976-04-13 ·cited 20×
  In this ejectment action, the trial court granted appellee a life estate based on reliance principles, an issue never pleaded or expressly tried by the parties. The appellate court reversed, holding that judgments cannot rest on issues outside the pleadings without express or imp
• Wilson v. Kelley
  226 So. 2d 123· Fla. 2d DCA· 1969-05-14 ·cited 20×
  In this Florida title dispute, the court reversed a judgment for defendants and reinstated a jury verdict for plaintiffs who claimed title as heirs of an original government patentee. The court held that a quitclaim deed cannot serve as a 'root of title' under Florida's Marketabl
• Pasco Cnty. v. Johnson et ux.
  67 So. 2d 639· Fla.· 1953-10-23 ·cited 20×
  Pasco County sought mandatory injunction to remove barricades placed by the Johnsons across a county road on their property. The Florida Supreme Court reversed the trial court's dismissal of the county's complaint, holding that the county adequately alleged facts sufficient to es
• Hill v. DaCosta
  65 Fla. 371· Fla.· 1913-04-15 ·cited 20×
  The appellant sued to remove a cloud on his title to certain lots, claiming ownership and possession since 1886. The court found the appellant failed to prove clear title and affirmed the lower court's dismissal of the complaint.
• Jarrell v. McRainey
  65 Fla. 141· Fla.· 1913-02-11 ·cited 20×
  McRainey sought to quiet title to land purchased via tax deed, claiming he had possessed it adversely for over four years. The Florida Supreme Court reversed, holding that the tax deed's description was too uncertain to establish valid title, as it failed to clearly identify whic
• Fla. Ass'n v. Stevens
  61 Fla. 598· Fla.· 1911-01-01 ·cited 20×
  The Florida Supreme Court affirmed a lower court's decision to sustain a demurrer, finding that a turpentine lease did not constitute a cloud on the title of the land. The court held that the lease, as written, granted rights to the timber that did not automatically expire after
• Griffith v. Griffith
  59 Fla. 512· Fla.· 1910-01-01 ·cited 20×
  The Florida Supreme Court reversed a partition decree involving a homestead estate, holding that partition was an improper remedy where the real controversy was between the heirs and third parties claiming adversely under conveyances from the decedent's widow, not between the hei
• Pearson v. Helvenston
  50 Fla. 590· Fla.· 1905-06-01 ·cited 20×
  This case concerns a dispute over a writ of assistance following a mortgage foreclosure sale. The appellate court affirmed the lower court's denial of the writ, holding that a tax deed title, claimed to be independent of the mortgage, could not be adjudicated in the foreclosure p
• The State of Fla. ex rel. Hattie P. Moody v. Ruydon M. Call
  39 Fla. 165· Fla.· 1897-01-01 ·cited 20×
  This mandamus proceeding challenges a circuit judge's denial of a motion by relators to intervene as parties defendant in an ejectment action brought against their tenants. The Florida Supreme Court holds that while the judge could have permitted relators to intervene and stay ex
• Barrs v. Brace
  38 Fla. 265· Fla.· 1896-06-01 ·cited 20×
  In this ejectment action, the Florida Supreme Court affirmed a referee's judgment that land in Jacksonville belonged to the appellee (Brace) rather than the appellants (Barrs). The court held that the strip of disputed land fell within lot 2 owned by Brace based on proper survey
• Alsina v. Gonzalez
  83 So. 3d 962· Fla. 4th DCA· 2012-03-21 ·cited 19×
  The court held that dismissal of a complaint as a sanction for attorney's noncompliance with court orders requires consideration of the Kozel factors, and failure to do so warrants reversal.
• Redento R. Rodriguez & Luisa N. Rodriguez
  635 So. 2d 125· Fla. 3d DCA· 1994-04-12 ·cited 19×
  A plaintiff's motion for summary judgment before the defendant has answered should not be granted unless it is clear that no issue of material fact can be presented, and the court erred in striking the defendants' affidavits as untimely when the hearing was continued.
• Adams v. Fryer
  59 Fla. 112· Fla.· 1910-01-01 ·cited 19×
  Adams sought to eject Fryer and Spence from 2,568 acres in Liberty County based on a complete chain of title from the Spanish Government. The defendants claimed protection under a four-year adverse possession statute based on a void tax title, but the Supreme Court reversed the j
• Gilbert v. S. Land & Timber Co.
  53 Fla. 319· Fla.· 1907-01-01 ·cited 19×
  This case involves an ejectment action where the defendant claimed title by adverse possession under a void tax deed. The court affirmed the lower court's judgment for the plaintiff, finding the evidence of adverse possession insufficient.
• Thaddeus Street v. Benner
  20 Fla. 700· Fla.· 1884-01-01 ·cited 19×
  In this partition suit involving heirs of a Spanish land grant, the Florida Supreme Court reversed the lower court's dismissal of the bill and held that courts of chancery have jurisdiction to try and determine contested legal titles in partition proceedings under Florida's 1844
• Bailey v. Hagler
  575 So. 2d 679· Fla. 1st DCA· 1991-01-25 ·cited 18×
  This appeal involves a boundary line dispute between neighboring property owners where the trial court established the boundary between the Bailey and Hagler properties. The court affirmed the boundary determination based on evidence supporting both adverse possession by Bailey a
• Dixon v. Feaster
  448 So. 2d 554· Fla. 5th DCA· 1984-03-29 ·cited 18×
  This case involves the right to a way of necessity under Florida law when heirs of a deceased landowner divided property without expressly reserving access easements. The court held that a way of necessity can only be implied based on conditions existing at the time of the origin
• Jones v. Anderson-Tully Co.
  722 F.2d 211· 5th Cir.· 1984-01-09 ·cited 18×
  The court held that a motion to correct a legal description in a prior judgment, which affects substantive rights, is governed by Rule 60(b) and its one-year statute of limitations, not Rule 60(a).