Adverse Possession

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

• Kerrigan v. Thomas
  281 So. 2d 410· Fla. 1st DCA· 1973-07-17 ·cited 11×
  In a boundary dispute over 9.25 acres of rural Florida property, the trial court found the Thomases established title through adverse possession and acquiescence. The appellate court affirmed, holding that sufficient evidence supported the trial court's findings of open, notoriou
• Mariam v. Katiba Cook and Audrey M. Katiba
  152 So. 2d 504· Fla. 1st DCA· 1963-04-25 ·cited 11×
  The appellate court reversed the dismissal of a complaint by heirs of Assad J. Katiba challenging title to two parcels of real estate. The court held that the plaintiffs stated viable causes of action under the theories of after-acquired title and resulting trust, though it need
• Palm Orange Groves v. Yelvington
  41 So.2d 883· Fla.· 1949-05-10 ·cited 11×
  The court reversed a writ of assistance that would have granted possession of land to the Yelvingtons, who acquired it through tax foreclosure. The appellant, Palm Orange Groves, had a long-standing claim and possession of the land, which was found to be superior to the Yelvingto
• Okeechobee Co. v. Norton
  145 Fla. 417· Fla.· 1940-12-20 ·cited 11×
  In this ejectment action, the Florida Supreme Court reversed a judgment for defendants who claimed title by adverse possession, holding that defendants failed to establish the essential elements of adverse possession as required by statute.
• Wicker v. Williams
  137 Fla. 752· Fla.· 1939-05-19 ·cited 11×
  In this ejectment action, the Florida Supreme Court affirmed judgment for the defendant Billie Williams, who claimed ownership of approximately 29 acres through adverse possession without color of title. The court held that a special plea of adverse possession limited to part of
• Barnard Kilgore v. Leary
  131 Fla. 715· Fla.· 1938-03-08 ·cited 11×
  Kilgore appealed a permanent injunction preventing him from trespassing on a strip of disputed land between his property and Leary's property. The Florida Supreme Court reversed the lower court's decree, finding that Kilgore had established a claim to the disputed tract through a
• Cain A. Campbell v. The A. L. Wilson Co.
  74 Fla. 608· Fla.· 1918-01-04 ·cited 11×
  The Florida Supreme Court reversed the chancellor's order striking portions of a defendant's answer in an equity partition case. The defendant claimed absolute title to land through adverse possession, and the court held that these allegations were sufficient to withstand a motio
• Fla. Fertilizer Mfg. Co. & William A. Knight v. Cam Hodge
  64 Fla. 275· Fla.· 1912-06-01 ·cited 11×
  The Florida Supreme Court affirmed an order setting aside a foreclosure sale due to the mortgagor's lack of knowledge and the property's grossly inadequate sale price. The court found that vacating the sale was equitable, especially since the purchaser had only a quit-claim deed
• Summerall v. Daniel Thoms and Wife
  3 Fla. 298· Fla.· 1850-01-01 ·cited 11×
  In this 1850 detinue action, the Florida Supreme Court reversed the lower court's judgment for plaintiffs Thoms in a dispute over ownership of an enslaved woman named Sue. The case involved a parol agreement made during the parties' infancy to partition the offspring of an enslav
• Shultz v. Johnson
  654 So. 2d 567· Fla. 1st DCA· 1995-03-14 ·cited 10×
  This case involves a dispute over a property boundary. The appellate court affirmed the trial court's decision to grant a directed verdict on boundary by agreement and to grant a new trial on adverse possession, but reversed the directed verdict on boundary by acquiescence, reman
• Phelps v. Griffith
  629 So. 2d 304· Fla. 2d DCA· 1993-12-22 ·cited 10×
  The court held that the use of the road was permissive, not adverse, and therefore did not ripen into a prescriptive easement.
• Crenshaw v. Holzberg
  503 So. 2d 1275· Fla. 2d DCA· 1987-01-23 ·cited 10×
  This boundary dispute arose from a discrepancy between an original 1887 Lee County plat showing Lot 1 as 25 feet wide and later hand-drafted copies recorded in Collier County showing it as 33 feet wide. The court held that the original Lee County plat controls as the official rec
• ST. Clair v. Smith
  445 So. 2d 1113· Fla. 2d DCA· 1984-02-29 ·cited 10×
  The St. Clairs appealed a summary judgment favoring the Smiths in a property boundary dispute. The trial court ruled the Smiths owned adjacent property through adverse possession, had an easement by prescription, and that a long-standing fence constituted the agreed boundary. The
• DeROCHE v. Winski
  409 So. 2d 41· Fla. 2d DCA· 1981-12-16 ·cited 10×
  DeRoche and Winski disputed ownership of a 15-foot driveway strip between their adjacent properties. The trial court found Winski acquired title by adverse possession, but the appellate court reversed that rationale while affirming the judgment on the alternative doctrine of boun
• Pannell v. Cont'l CAN Co., Inc.
  554 F.2d 216· 5th Cir.· 1977-06-20 ·cited 10×
  The court held that tax deeds, even if void, can serve as color of title for prescriptive title, and that the Soldiers' and Sailors' Civil Relief Act does not toll the prescriptive period for a career serviceman not handicapped by their service.
• Phoebe Wilson Dillon v. Antler Land Co. OF Wyola
  507 F.2d 940· 9th Cir.· 1974-11-06 ·cited 10×
  The court held that appellant's claims were barred by Montana's statutes of limitation and that the United States did not have a mandatory duty under 25 U.S.C. § 185 to litigate dealings with emancipated Indians' fee lands.
• Signal Props., Inc. v. Farha
  482 F.2d 1136· 5th Cir.· 1973-07-20 ·cited 10×
  The federal court's injunction prohibiting the state court action was barred by 28 U.S.C. § 2283 and must be vacated.
• United States v. Claude S. Gossett et ux.
  416 F.2d 565· 9th Cir.· 1969-09-11 ·cited 10×
  The court held that appellants failed to present a genuine issue of material fact, and summary judgment for the United States was appropriate.
• Ira D. Madison and Christine Madison v. Deodies Haynes, Jr.
  220 So. 2d 44· Fla. 4th DCA· 1969-03-12 ·cited 10×
  The appellate court affirmed the trial court's summary judgment for the plaintiffs, finding that the defendants failed to present sufficient evidence to create a genuine issue of material fact regarding their claim of ownership or adverse possession.
• Howard v. SUN OIL Co.
  404 F.2d 596· 5th Cir.· 1968-12-03 ·cited 10×
• Humphries v. Tex. Gulf Sulphur Co.
  393 F.2d 69· 5th Cir.· 1968-04-09 ·cited 10×
  The court held that the heirs' long-standing non-claim and the appellees' continuous use and claim of the land created a conclusive presumption that title had passed, divesting the heirs of any interest.
• United States Gypsum Co. v. The Greif Bros. Cooperage Corp.
  389 F.2d 252· 8th Cir.· 1968-01-31 ·cited 10×
  The court held that the prior litigation between the parties regarding title to the disputed lands was res judicata, and that Gypsum could not assert title under a subsequently acquired 'Island Deed' from the State.
• Simpson v. Lindgren
  133 So. 2d 439· Fla. 3d DCA· 1961-10-05 ·cited 10×
  The court reversed a decree quieting title based on adverse possession, finding that the deed in question did not constitute color of title and the possession was insufficient.
• Kirby Lumber Corp. v. Samantha Smart White et vir
  288 F.2d 566· 5th Cir.· 1961-02-08 ·cited 10×
• Dunscombe v. Loftin
  154 F.2d 963· 5th Cir.· 1946-04-12 ·cited 10×
  The court held that the lower court did not abuse its discretion in denying leave to sue the trustees, as the plaintiff's claim was without merit and untimely.
• Anderson-Tully Co. v. Murphree
  153 F.2d 874· 8th Cir.· 1946-01-16 ·cited 10×
  The court held that the 1901 Act vested title to re-formed land within original boundaries in former owners' successors, and that tax descriptions were sufficient to establish title under the 1929 Act, despite the land's location on an island.
• United States v. Otley
  127 F.2d 988· 9th Cir.· 1942-04-21 ·cited 10×
  The court held that patents referencing official plats showing fractional lots bordering a non-navigable lake convey title to the center of the lake, and the United States bears a heavy burden to prove otherwise.
• O'Bryan v. Dr. P. Phillips & Sons, Inc.
  123 Fla. 302· Fla.· 1936-03-23 ·cited 10×
  The Florida Supreme Court affirmed a judgment quieting title in favor of Dr. P. Phillips & Sons, Inc. against Laura B. O'Bryan and Lewis O'Bryan, who claimed title through a quit claim deed executed after a foreclosure suit and lis pendens notice. The court held that the O'Bryans
• Barclay v. Bank of Osceola Cnty.
  82 Fla. 72· Fla.· 1921-06-30 ·cited 10×
  In this real estate contract dispute, the Florida Supreme Court held that a seller who tenders an abstract of title showing a defect in the chain of title—specifically a deed not under seal, which is ineffective under Florida law—fails to comply with a contract requirement for "a
• City of Gainesville v. Thomas
  61 Fla. 538· Fla.· 1911-01-01 ·cited 10×
  The Florida Supreme Court reversed a bill in equity filed by a property owner seeking to prevent the city from maintaining dedicated streets that crossed his property. The court held that property dedicated for public use cannot become private property through an individual's exp
• Avery v. Dime Lock
  55 Fla. 612· Fla.· 1908-01-01 ·cited 10×
  In this ejectment action, the Florida Supreme Court reversed the trial court's judgment for the defendant and ordered a new trial, holding that the evidence did not clearly and satisfactorily establish adverse possession for the statutory seven-year period because the testimony r
• Smith v. Love
  49 Fla. 230· Fla.· 1905-01-01 ·cited 10×
  A homestead patent holder brought ejectment against a defendant who had made prior improvements and occupied the land in good faith. The Florida Supreme Court held that when a homesteader obtained a patent through fraud—by not actually settling on the claimed land while the defen
• Broome v. Joseph H. Alston de bonis non of the estate of Augustus Alston
  8 Fla. 307· Fla.· 1859-01-01 ·cited 10×
  The Florida Supreme Court reversed a lower court decree that awarded slaves to an administrator of an estate, holding that a widow administrator's conveyance of estate property in a marriage settlement deed was void because she acted in her private capacity without proper authori
• Bentz v. Carroll McDANIEL and Melvene J. McDaniel
  872 So. 2d 978· Fla. 5th DCA· 2004-05-07 ·cited 9×
  The Bentzes held an easement across the McDaniels' property for river access. The trial court extinguished the easement based on adverse possession and held it did not extend to the river. The appellate court reversed, finding insufficient clear and convincing evidence of adverse
• L.B. McLEMORE v. McLEMORE
  675 So. 2d 202· Fla. 1st DCA· 1996-06-04 ·cited 9×
  This quiet title action concerns whether a trust created by Klenton T. McLemore in 1978 is valid and whether appellants established title to five parcels of Gulf County property conveyed to "McLemore's Trust." The trial court voided the trust for indefiniteness because the settlo
• City of Jacksonville v. Broward
  120 Fla. 841· Fla.· 1935-09-16 ·cited 9×
  This case concerns the distribution of an excess of land discovered in a subdivision plat. The court had to decide whether the excess land should be apportioned among all lots according to their widths or if it belonged to specific parties as tenants in common. The court affirmed
• Barse v. Whaley
  102 Fla. 404· Fla.· 1931-07-09 ·cited 9×
  Fred Barse sought to overturn a prior judgment that determined a 1913 deed to A.D. Whaley was an absolute conveyance with an expired option to repurchase, not a mortgage. After Whaley's death, his trustees brought an ejectment action against Barse, and the Supreme Court affirmed
• Conrad v. Anne R. Young
  10 So. 3d 1154· Fla. 4th DCA· 2009-05-27 ·cited 8×
  Mary Conrad appeals a judgment enforcing a 50-foot beach access easement granted to Via del Lago residents in 1937 and 1949. The court upheld the easement against Conrad's affirmative defenses of statutory laches and equitable estoppel, finding that the easement holders did not d
• Elks Nat'l Found. v. Weber
  942 F.2d 1480· 9th Cir.· 1991-08-29 ·cited 8×
  Federal district courts lack subject matter jurisdiction over challenges to state court decisions, even if constitutional claims are alleged, and such claims are barred by res judicata if the issues were considered and decided by the state courts.
• Lucile J. Turner v. Idell C. Wheeler
  498 So. 2d 1039· Fla. 1st DCA· 1986-12-16 ·cited 8×
  Turner appeals a judgment declaring a 1970 deed to real property a mortgage and quieting title in Wheeler. The court affirms, holding that the deed was intended as security for a loan and therefore constitutes a mortgage rather than a conveyance of legal title, and that Turner fa
• Bailey v. Parker
  492 So. 2d 1175· Fla. 1st DCA· 1986-08-18 ·cited 8×
  Bailey and Parker, who held a house as tenants in common, disputed their respective ownership interests and accounting for contributions. The court affirmed the partition order granting each party an undivided one-half interest, but reversed and remanded the accounting determinat
• Mark IX, Inc. v. Surette
  492 So. 2d 745· Fla. 1st DCA· 1986-07-31 ·cited 8×
  The court held that the evidence was sufficient to establish boundary by acquiescence, even if the parties were mistaken about the true boundary, as long as there was uncertainty and mutual acquiescence for the prescriptive period.
• Diedricks v. Reinhardt
  466 So. 2d 375· Fla. 3d DCA· 1985-03-19 ·cited 8×
  A co-tenant in exclusive possession is liable for rent to the other co-tenant only upon a showing of adversity or ouster, which can be established by the filing of a partition complaint seeking possession.
• Sanlando Springs Animal Hosp., Inc. v. Douglass
  455 So. 2d 596· Fla. 5th DCA· 1984-09-06 ·cited 8×
  The court held that a boundary by agreement can be established even without a formal dispute, as long as there was uncertainty about the true line and an agreement to treat a certain line as the boundary.
• Pueblo OF Santa ANA v. The Mountain States Tel. & Tel. Co.
  734 F.2d 1402· 10th Cir.· 1984-05-14 ·cited 8×
  The court held that Section 17 of the Pueblo Lands Act requires both Congressional authorization and Secretarial approval for the alienation of Pueblo lands, and a prior dismissal without prejudice does not bar subsequent claims.
• Mills v. Damson OIL Corp.
  686 F.2d 1096· 5th Cir.· 1982-09-14 ·cited 8×
  The Fifth Circuit Court of Appeals certified several questions of Mississippi law to the Mississippi Supreme Court. These questions concern the effect of a defectively acknowledged deed on constructive notice, the applicability and retroactivity of a curative statute for defectiv
• Genet v. City OF Hollywood
  400 So. 2d 787· Fla. 4th DCA· 1981-06-10 ·cited 8×
  The court held that the record supported a finding of implied common law dedication of the roadway for public use, despite issues with the original dedication's title.
• Deseret Ranches OF Fla., Inc. v. Bowman
  389 So. 2d 1072· Fla. 5th DCA· 1980-10-29 ·cited 8×
  Deseret Ranches appealed a trial court judgment granting appellees a prescriptive easement over ranch property for a 30-foot-wide, 9-mile road. The appellate court reversed, finding that appellees failed to prove the use was sufficiently open, continuous, and adverse as required
• Publix Super Mkts., Inc. v. Pearson
  315 So. 2d 98· Fla. 2d DCA· 1975-06-25 ·cited 8×
  Publix sought to fill approximately ten acres of water-filled phosphate pits on its Polk County property to develop a shopping center. The trial court enjoined the development based on riparian rights principles applicable to natural lakes. The appellate court reversed, holding t
• Edwards v. Hardin Props., Inc.
  313 So. 2d 82· Fla. 2d DCA· 1975-04-16 ·cited 8×
  The court held that the appellant established title by adverse possession because the statutory requirements were met prior to the 1939 amendment requiring tax payments, and the trial court erred in ignoring uncontradicted witness testimony.