Adverse Possession

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

• Seaboard AIR Line R.R. Co. v. Cal. Chem. Co.
  210 So. 2d 757· Fla. 4th DCA· 1968-05-29 ·cited 18×
  Seaboard Air Line Railroad Company appealed a directed verdict against it in an ejectment action, challenging whether California Chemical Company acquired title to a disputed tract by adverse possession. The court affirmed, holding that California Chemical's possession under a mi
• Zwakhals v. Senft
  206 So. 2d 62· Fla. 4th DCA· 1968-01-22 ·cited 18×
  The court held that a prior order vacating a judgment did not resolve the substantive issues of the case, and summary judgment was improperly granted.
• Joyner v. Andrews
  137 So. 2d 870· Fla. 2d DCA· 1962-02-21 ·cited 18×
  The court held that plaintiffs failed to establish unity of title for a common law way of necessity and failed to prove adverse use for a private easement by prescription.
• Kiser v. Howard
  133 So. 2d 746· Fla. 1st DCA· 1961-10-24 ·cited 18×
  Appellants who held title to an 80-acre parcel through a 1941 tax deed sought to eject appellee from a 12.3-acre strip included in their deed. The court affirmed judgment for appellee, holding that appellee acquired fee-simple title to the disputed strip through adverse possessio
• Buck v. Triplett
  159 Fla. 772· Fla.· 1947-12-05 ·cited 18×
  The Florida Supreme Court upheld a statute permitting a tax deed grantee to quiet title after twenty years of tax payments, rejecting constitutional challenges and holding that the statute is satisfied even when taxes are not paid annually.
• Horatio Little v. Kendrick
  152 Fla. 720· Fla.· 1943-04-09 ·cited 18×
  In this ejectment action, the Florida Supreme Court reversed a judgment awarding land to a defendant who claimed title by adverse possession. The Court held that the defendant failed to demonstrate clear and unequivocal disavowal of the landlord's title and that the portion of la
• Okeechobee Co. v. Norton
  149 Fla. 651· Fla.· 1942-03-06 ·cited 18×
  Okeechobee Company sought to recover title to 88.09 acres of Florida land through ejectment, presenting a clear chain of title from the U.S. Government. The defendants claimed title by adverse possession under color of title from deeds dated August 1932 and August 1934. The Flori
• Klich v. Miami Land & Dev. Co.
  139 Fla. 794· Fla.· 1939-07-21 ·cited 18×
  The Florida Supreme Court reversed a directed verdict for defendants in an ejectment action, holding that tax deeds issued by the Town of Florida City were void because the town lacked statutory authority to assess the disputed lands. The town's 1925 ordinance attempting to annex
• Palbicke v. Takami
  112 Fla. 629· Fla.· 1933-11-10 ·cited 18×
  Palbicke appeals from dismissal of his bill to foreclose a tax deed issued in 1926, challenging whether the suit filed in 1931 was timely under Florida's four-year limitation statute. The court affirms the dismissal, holding that the bill failed to allege sufficient facts to show
• Atl. Coast Line R.R. Co. v. Seward
  112 Fla. 326· Fla.· 1933-10-13 ·cited 18×
  The Florida Supreme Court reversed a jury verdict for the defendant in an ejectment action, holding that the evidence of adverse possession was too uncertain and desultory to satisfy the strict requirements for acquiring title by adverse possession. The case clarifies that advers
• W. E. Law & E. S. Mixson v. Taylor
  63 Fla. 487· Fla.· 1912-01-01 ·cited 18×
  This case involves a dispute over land title and alleged trespass. The appellate court affirmed the lower court's decision to overrule a demurrer to the bill of complaint but reversed the decision to strike portions of the defendants' answer, finding them relevant to the case.
• Pickett v. Bryan
  34 Fla. 38· Fla.· 1894-06-01 ·cited 18×
  In this 1894 ejectment case, the Florida Supreme Court affirmed a judgment for defendants Bryan on the ground that plaintiff Pickett failed to establish his legal interest in the disputed land, producing only a patent to his ancestor Seymour Pickett without proving his own heirsh
• Beuleah S. Pasekoff and Richard L. Grinberg v. Kaufman
  392 So. 2d 971· Fla. 3d DCA· 1981-01-13 ·cited 17×
  In this intrafamily property dispute, the Third District Court of Appeal reversed a judgment that quieted title to an undivided half-interest in Florida real property in the heirs of Frances Pasekoff, finding that the trial court erroneously granted summary judgment for the defen
• Cook v. Rochford
  60 So.2d 531· Fla.· 1952-08-05 ·cited 17×
  The Florida Supreme Court reversed a lower court's decision quieting title to land. The court held that a quitclaim deed conveying only a co-tenant's undivided interest does not provide color of title for adverse possession against the other co-tenant, especially without notice o
• Griffin v. Bolen
  149 Fla. 377· Fla.· 1942-01-20 ·cited 17×
  This case involves a fraudulent scheme by an administrator and others to sell estate property for a fraction of its value and acquire it for themselves. The court affirmed the lower court's decision to cancel the fraudulent deeds and quiet title to the heirs, finding the transact
• Oakland Props. Corp. v. Hogan
  96 Fla. 40· Fla.· 1928-06-23 ·cited 17×
  Oakland Properties Corporation sought to reform a deed from Middle River Development Company and vacate a mortgage foreclosure decree. The Florida Supreme Court held that Oakland was an indispensable party to the foreclosure proceedings as the holder of legal title to ten acres o
• Graham v. Graham
  79 So. 450· Ala.· 1918-06-13 ·cited 17×
  Two children of Mildred R. Graham seek to partition lands by claiming title through their mother's estate, but face claims from other heirs through their father William A. Graham. The court found insufficient evidence to establish the wife's fee simple ownership of the Autauga la
• Rodriguez v. Escambron Dev. Corp.
  740 F.2d 92· 1st Cir.· 1984-08-01 ·cited 16×
  A federal tax lien, once attached, is not extinguished by a subsequent state law doctrine of acquisitive prescription (adverse possession) that retroactively vests title in a third party.
• Vilda Yates v. Bass Ranch, Inc.
  379 So. 2d 710· Fla. 4th DCA· 1980-02-13 ·cited 16×
  This case concerns a quiet title action where the appellant claimed ownership of nine acres based on adverse possession by her parents. The court had to determine if a document establishing a tenancy at will was admissible and if the possession met the criteria for adverse posses
• Spear v. Martin
  330 So. 2d 543· Fla. 4th DCA· 1976-04-15 ·cited 16×
  Spear v. Martin involves a property dispute where plaintiffs sued to recover possession of land allegedly unlawfully used by defendants for a driveway. The appellate court affirmed summary judgment dismissing the adverse possession defense but reversed as to other issues, finding
• Porter v. Lorene Inv. Co.
  297 So. 2d 622· Fla. 1st DCA· 1974-06-25 ·cited 16×
  Porter appeals a judgment quieting title to 750 acres in Putnam County, Florida, in Lorene Investment Company based on adverse possession without color of title. The court affirmed, holding that Lorene's predecessors obtained title through adverse possession prior to 1939 when th
• Seesholts v. Beers
  270 So. 2d 434· Fla. 4th DCA· 1972-12-12 ·cited 16×
  In this partition action between ex-spouses who held property as tenants in common, the Florida appellate court reversed the trial court's award of a set-off to the wife for one-half the reasonable rental value of the home occupied exclusively by the husband. The court held that
• Tower v. Moskowitz
  262 So. 2d 276· Fla. 3d DCA· 1972-05-09 ·cited 16×
  A Florida appellate court affirmed a judgment that an elderly widow held a life estate in commercial property under her late husband's will and was entitled to back rent of $80 per month from her former daughter-in-law and a corporation that had occupied the premises since 1953 w
• Whaley v. Wotring
  225 So. 2d 177· Fla. 1st DCA· 1969-07-10 ·cited 16×
  The Whaleys appealed a trial court judgment favoring Wotring in a quiet title action over 84.6 acres in Clay County, Florida. The court reversed, holding that the Whaleys' record title, supported by a 1908 deed that created a valid root of title, was superior to Wotring's later-o
• Silas Gibson v. Wright
  179 So. 2d 245· Fla. 1st DCA· 1965-10-26 ·cited 16×
  Gibson appeals a lower court decision quieting title to a disputed strip of land in favor of Wright. The court reversed, holding that Gibson's deed based on the original 1800 U.S. Government Survey controlled over a 1937 resurvey that showed different section lines, as property r
• Hiram B. Johnson v. Johnson
  179 So. 2d 112· Fla. 2d DCA· 1965-10-19 ·cited 16×
  A tax deed obtained by a co-tenant is merely a payment of taxes and does not extinguish the rights of other co-tenants, even if recorded for over twenty years.
• G. L. Nicklaus in Bankr. of the Est. of Bronson Woodworth, Inc. v. Bank OF Russellville
  336 F.2d 144· 8th Cir.· 1964-09-08 ·cited 16×
  A bankruptcy trustee cannot claim property obtained by fraud, especially when a state court has already established jurisdiction over the res prior to bankruptcy.
• Thompson v. Thompson
  70 So. 2d 555· Fla.· 1954-02-19 ·cited 16×
  Frank E. Thompson, Sr. challenged a 1926 deed he executed to his wife conveying homestead property, claiming it was executed to defraud creditors. The Florida Supreme Court affirmed the dismissal of his suit, holding that the deed was barred by a twenty-year statute of repose tha
• Salls v. Martin
  156 Fla. 624· Fla.· 1945-12-04 ·cited 16×
  In this ejectment action arising from a property sale at a tax foreclosure, the Florida Supreme Court affirmed the trial court's directed verdict for the plaintiff and rejected the defendant's defenses based on adverse possession and a statutory bar to the action.
• Reuben S. Williams v. Pichard
  150 Fla. 371· Fla.· 1942-04-10 ·cited 16×
  Plaintiff brought an ejectment action against defendants claiming title to adjoining lots in Leon County, Florida, based on both common source of title and adverse possession. The Florida Supreme Court reversed the trial court's judgment because the court erroneously allowed the
• Blitch v. Sapp
  142 Fla. 166· Fla.· 1940-03-01 ·cited 16×
  This case involves an ejectment action where the plaintiffs claimed title based on prior possession and legal title. The court affirmed the lower court's judgment for the defendant, finding that the plaintiffs failed to establish superior legal title and that certain evidence was
• Douglass v. Aldridge
  90 Fla. 51· Fla.· 1925-06-18 ·cited 16×
  The Florida Supreme Court reversed a lower court's decision, finding that the appellee had not sufficiently proven adverse possession to claim title to the disputed land. The court emphasized the strict requirements for establishing adverse possession against a legal titleholder.
• Gamble v. Hamilton
  31 Fla. 401· Fla.· 1893-01-01 ·cited 16×
  In this 1893 Florida case, the executor of L. B. Branch's estate appealed a decree voiding a tax deed obtained by Branch in 1875. The court held that Branch, acting as Howse's agent for tax payment, committed fraud by purchasing land at a tax sale without Howse's knowledge, but t
• Townsend v. Lot W. Edwards
  25 Fla. 582· Fla.· 1889-06-01 ·cited 16×
  This case concerns the validity of a tax deed used to claim ownership of a town lot. The appellate court found that the lower court erred in admitting the tax deed and in refusing to admit evidence showing the land was not assessed for taxes, ultimately reversing the judgment.
• Nelson v. Brush
  22 Fla. 374· Fla.· 1886-06-01 ·cited 16×
  This case addresses whether a deed is void when the grantor is out of possession and the land is adversely possessed by another. The court affirmed that such a deed is void against the adverse possessor, but the title remains with the original grantor, allowing them to recover po
• Wood v. Friedman
  388 So. 2d 1355· Fla. 5th DCA· 1980-10-15 ·cited 15×
  In a partition action following divorce, the court held that a wife granted exclusive possession of the marital home for child support purposes is not liable for reasonable rental value during her exclusive possession period, but once she vacates, both parties are entitled to equ
• Turturro v. Joseph Schmier ad litem of the Ests. of Morris Siegel & Nina Siegel
  374 So. 2d 71· Fla. 3d DCA· 1979-07-31 ·cited 15×
  This case involves a dispute over real property title between the estates of Morris and Nina Siegel and Antonia Turturro (as representative of Marge Smith's estate) and the Unity School of Christianity. The court upheld a summary judgment granting fee simple title to the Siegel e
• The City OF Daytona Beach v. Tona-Rama, Inc.
  271 So. 2d 765· Fla. 1st DCA· 1972-08-31 ·cited 15×
  The City of Daytona Beach and property owners appealed a summary judgment finding that the public acquired a prescriptive easement over soft sand beach area through continuous, open use for over 20 years, which prevented the issuance of a building permit for an observation tower.
• Mrs. C. W. Hughes v. Flo M. Shaner and Richard R. Laird
  128 Fla. 183· Fla.· 1937-05-03 ·cited 15×
  The Florida Supreme Court affirmed a decree holding a tax deed ineffectual to convey title and foreclosing a mortgage. The court held that when a person with a duty to pay taxes purchases a tax certificate to defeat a mortgagee's lien, the purchase constitutes payment of the taxe
• Cornelia C. Baldwin v. Christopher
  75 Fla. 605· Fla.· 1918-04-22 ·cited 15×
  This case involves a request to reform a deed of conveyance from Abel S. Baldwin to James Lewis made in 1867. The plaintiffs sought to change a provision reserving land "from the west end" of the property to "from the east end," claiming mutual mistake by the original parties. Th
• Mundee v. Freeman
  23 Fla. 529· Fla.· 1887-06-01 ·cited 15×
  Alice Mundee challenged Frederick Freeman's tax title to land, arguing the tax sale was invalid because the Collector lacked a warrant and the land was never assessed. The Florida Supreme Court affirmed the lower court's judgment for Freeman, holding that the tax deed constitutes
• Seton v. Swann
  650 So. 2d 35· Fla.· 1995-02-16 ·cited 14×
  The Florida Supreme Court held that to establish adverse possession by color of title under section 95.16, a claimant must first show that the disputed property is described in a recorded instrument. The Setons could not acquire title to Swann's land because their deed described
• Adkins v. Adkins
  595 So. 2d 1032· Fla. 1st DCA· 1992-03-09 ·cited 14×
  The court held that a cotenant out of possession is entitled to offset the reasonable rental value of the property against the cotenant in possession's claims for mortgage, insurance, and tax payments.
• Clark v. Amoco Prod. Co.
  794 F.2d 967· 5th Cir.· 1986-07-18 ·cited 14×
  The court held that the district court erred in dismissing the appellants' claim under the doctrines of presumed lost deed and laches, as these defenses were not sufficiently established on the face of the pleadings. The court also found that res judicata did not bar the claim.
• Bonifay v. Garner
  445 So. 2d 597· Fla. 1st DCA· 1984-01-30 ·cited 14×
  In this dispute over waterfront property in Escambia County, the court reversed a trial judgment quieting fee simple title to appellee Garner and remanded for further proceedings. The case involves competing claims to a disputed strip of land between Bayou Boulevard and the shore
• Seddon v. Harpster
  438 So. 2d 165· Fla. 5th DCA· 1983-09-22 ·cited 14×
  The Florida Fifth District Court of Appeal holds that a claim for betterment compensation asserted in an answer to an ejectment complaint does not mature into a petition for betterment that can be adjudicated after final judgment. The court quashed a trial court's order consolida
• Davis v. Joyner
  409 So. 2d 1193· Fla. 4th DCA· 1982-02-17 ·cited 14×
  The court held that the trial court did not abuse its discretion in refusing to grant an injunction because injunctive relief would have been unjust and unfair given the totality of the circumstances.
• United States v. Chatham
  323 F.2d 95· 4th Cir.· 1963-09-23 ·cited 14×
  The United States acquired no title to the disputed land through its 1935 condemnation proceedings because it failed to provide adequate notice to the true owners, nor did it establish title through adverse possession due to insufficient possession.
• N. Pac. Ry. Co. & Cont'l Oil Co. v. United States
  277 F.2d 615· 10th Cir.· 1960-03-12 ·cited 14×
  The court held that the deed conveyed only a surface easement for the canal, not the underlying mineral estate, due to mutual mistake in its drafting. The statute of limitations cannot be used as an affirmative claim.
• ST. Louis Royalty Co. v. Cont'l OIL Co.
  193 F.2d 778· 5th Cir.· 1952-01-18 ·cited 14×