Adverse Possession

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

• Fla. Bank & Tr. Co. of W. Palm Beach v. Ocean & Lake Realty Co.
  118 Fla. 695· Fla.· 1935-03-12 ·cited 7×
  The Florida Supreme Court affirmed a lower court's dismissal of a mortgage foreclosure suit. The court found the mortgage's property description fatally uncertain, rendering it void and preventing foreclosure.
• Crawford v. Hinson
  108 Fla. 630· Fla.· 1933-03-10 ·cited 7×
  In this ejectment action, the Florida Supreme Court reversed a jury verdict for the defendant and ordered a new trial, finding that the evidence preponderantly supported the plaintiff's superior legal title to the property. The plaintiff, as owner of the property through a chain
• Baltzell v. McKinnon
  57 Fla. 355· Fla.· 1909-01-01 ·cited 7×
  This case involves a dispute over ownership of a one-acre parcel of land near Marianna, Florida. Rachel Baltzell claimed title through a chain of deeds going back to Amanda Barkley, while D.L. McKinnon claimed title through a deed from M.L. Dekle as trustee of Amanda Barkley's es
• Greeley v. DeCottes
  24 Fla. 475· Fla.· 1888-06-01 ·cited 7×
  Greeley and other landowners sought equitable reformation of a mortgage deed that contained a misdescription omitting two courses and distances, which was subsequently foreclosed and conveyed through multiple parties to the complainants. The Florida Supreme Court held that courts
• Lehmann v. Cocoanut Bayou Ass'n
  157 So. 3d 289· Fla. 2d DCA· 2014-10-29 ·cited 6×
  The Lehmanns and Cocoanut Bayou Association (CBA) disputed ownership of a small parcel of beachfront property in Sarasota County. CBA sought to quiet title based on the Marketable Record Title Act (MRTA), claiming a 1952 deed to CBA served as a root of title perfecting its owners
• Steputat & Co., Inc. v. Theodosia S. Bidwell
  599 So. 2d 762· Fla. 5th DCA· 1992-06-05 ·cited 6×
  Steputat and Company appeals a judgment quieting title in favor of Theodosia Bidwell based on adverse possession under color of title. The court vacates the judgment, finding that Steputat's affirmative defenses raised material factual disputes that precluded judgment on the plea
• Cook v. The Proctor & Gamble Cellulose Co.
  599 So. 2d 688· Fla. 1st DCA· 1992-05-08 ·cited 6×
  Barry Cook and Samuel Rives appealed a summary judgment awarded to Proctor & Gamble Cellulose Company in a prescriptive easement dispute. The court reversed the summary judgment in Proctor & Gamble's favor because material factual disputes existed regarding whether the company's
• Penn Cent. Corp. v. U.S. R.R. Vest Corp.
  955 F.2d 1158· 7th Cir.· 1992-02-04 ·cited 6×
  Indiana's statute allowing private parties to claim abandoned railroad property without a pre-deprivation hearing violates the Fourteenth Amendment's Due Process Clause.
• P'ship Props. Co. v. SUN OIL Co.
  552 So. 2d 246· Fla. 1st DCA· 1989-11-02 ·cited 6×
  A deed's specific description of conveyed property controls over a general reference to prior conveyances, thus the deed did not convey title to the disputed parcel.
• Vandergrift v. Buckley
  472 So. 2d 1325· Fla. 5th DCA· 1985-07-18 ·cited 6×
  This case addresses whether a former husband, who became a tenant in common upon divorce, could recover one-half of the fair rental value of the former marital home after his ex-wife remarried and her right to exclusive possession terminated. The court reversed the award of renta
• Seddon v. Edmondson
  411 So. 2d 995· Fla. 5th DCA· 1982-03-31 ·cited 6×
  Sarah Jane Seddon appealed a trial court judgment dismissing her cross-claim against the Edmondsons based on boundary by agreement and acquiescence defenses. The appellate court reversed, finding that the trial court erroneously admitted a letter from the deceased William T. Sedd
• Patterson v. Patterson
  396 So. 2d 821· Fla. 4th DCA· 1981-04-08 ·cited 6×
  A cotenant out of possession cannot claim rental value from a cotenant in sole possession unless the latter has ousted the former or communicated an adverse claim.
• Dorotea Zaldivar v. DE Tenorio
  589 F.2d 911· 5th Cir.· 1979-02-16 ·cited 6×
  The court held that the plaintiff failed to present new arguments and that the prior appellate court's decision, which found the alien widow's inaction negated any necessity to prolong the treaty-granted sale period, was the law of the case.
• James Eugene Lawson et ux. v. Cleo Murray et ux.
  365 So. 2d 744· Fla. 1st DCA· 1978-11-03 ·cited 6×
  The Lawsons appealed a jury verdict awarding the Murrays possession of a disputed 160-foot strip of real property. The court reversed, finding no competent and substantial evidence supported the jury's verdict on either the location of the original government survey monument or t
• Eugene S. v. Cherry and Katherine M. Cherry
  324 So. 2d 158· Fla. 3d DCA· 1975-12-16 ·cited 6×
  In this declaratory judgment action, the appellate court reversed the trial court's dismissal of a complaint seeking a declaration of ownership of a strip of land and alleging conversion of soil. The court held that the complaint stated a cause of action and that any factual dete
• Peters v. Straley
  306 So. 2d 588· Fla. 2d DCA· 1975-01-29 ·cited 6×
  Peters appeals from summary judgment denying her claim to disputed land between her property and defendants' property. The court affirmed summary judgment on her adverse possession claim but reversed and remanded on her alternative theories of boundary by agreement and boundary b
• ST. JOE Paper Co. v. Connell
  299 So. 2d 92· Fla. 1st DCA· 1974-08-13 ·cited 6×
  St. Joe Paper Company appeals a trial court order dismissing their adverse possession claim without color of title, but allowing them 15 days to amend and file a new claim for adverse possession under color of title. The appellate court reverses, holding that a plaintiff cannot a
• Pittman v. Philip J. Fleming et ux.
  253 So. 2d 497· Fla. 1st DCA· 1971-10-21 ·cited 6×
  The Flemings sought reformation of deeds to include 25 acres of land in their chain of title, claiming a mutual mistake in the property description. The court reversed, holding that a deed cannot be reformed to include land not owned by the grantor, and that the chain of title or
• Henley v. The United States
  396 F.2d 956· Ct. Cl.· 1968-06-14 ·cited 6×
  The court held that the taxpayer could not deduct the loss of value of the mineral interest because the mineral and surface estates were not legally severed, and the entire property did not become worthless.
• Catalina S. Wells v. Lizama
  396 F.2d 877· 9th Cir.· 1968-06-10 ·cited 6×
  The court held that under the Guam Land Title Registration Act, subsequent purchasers are protected by the certificate of title, and possession or inadequate consideration do not impart notice unless there is actual fraud.
• Elvin Brown v. Floyd
  202 So. 2d 215· Fla. 1st DCA· 1967-08-03 ·cited 6×
  Elvin Brown appealed from a partition decree affecting a 200-acre estate inherited from his deceased father. Brown claimed ownership of 80 acres based on a 1934 deed from his mother and asserted title through adverse possession and operation of Florida's statutes of limitations.
• Williams v. Weyerhaeuser Co.
  378 F.2d 7· 4th Cir.· 1967-05-03 ·cited 6×
  The court held that the Baker deed had priority over the Bond deed, affirming the lower court's judgment.
• Hart v. The First Nat'l Bank OF Birmingham
  373 F.2d 202· 5th Cir.· 1967-02-20 ·cited 6×
  The court held that the plaintiffs' claim challenging a sale made seventeen years prior was barred by the Alabama statute of limitations, as the cause of action arose at the time of the sale, not when the plaintiffs later became aware of it.
• Moorman v. Thomas
  192 So. 2d 320· Fla. 1st DCA· 1966-11-15 ·cited 6×
  Appellants Moorman challenge a summary decree quieting title to land in the appellees' favor, raising two issues: the validity of a 1945 tax deed and whether appellees proved adverse possession. The court reversed, finding the tax deed void under the Soldiers' and Sailors' Civil
• Kennedy v. Ford R. Vandine
  185 So. 2d 693· Fla.· 1966-04-20 ·cited 6×
  The Florida Supreme Court reversed a summary judgment ordering partition of property held as tenants by the entireties, finding that the trial court erred in granting summary judgment when the defendants raised uncontroverted affirmative defenses of laches and adverse possession.
• Polk v. Kelley
  184 So. 2d 494· Fla. 2d DCA· 1966-03-04 ·cited 6×
  The court held that the plaintiffs failed to prove their claim for ejectment, affirming the trial court's judgment that title vested in the defendants through adverse possession.
• Roger Bauman for the Jon Roger Bauman Tr. Est. & the Michael Collins Bauman Tr. Est. v. Choctaw-Chickasaw Nations
  333 F.2d 785· 10th Cir.· 1964-06-30 ·cited 6×
  The court held that the deeds conveying land bounded by a non-navigable river did not convey title to the thread of the stream due to the river's historical instability and the specific terms of the deeds. Claims based on adverse possession and accretion were also rejected.
• J. L. Cooper and wife v. Davis
  156 So. 2d 169· Fla. 2d DCA· 1963-09-13 ·cited 6×
  Adjoining property owners disputed a 15-foot strip of land, with appellees claiming adverse possession and the trial court finding appellants owned the title but allowing an easement for a long-used thoroughfare. The appellate court reversed the easement finding, holding that app
• Hardison v. McCREARY
  304 F.2d 699· 5th Cir.· 1962-06-29 ·cited 6×
  The court held that the description in the sheriff's deed was sufficient to convey title and that Hardison's claim by prescription failed, thus affirming the trial court's division of funds.
• In re Holiday Lodge, Inc. v. Holiday Lodge, Inc.
  300 F.2d 516· 7th Cir.· 1962-03-13 ·cited 6×
  A bankruptcy court lacks jurisdiction to restrain a first mortgagee from foreclosing on property superior to the debtor's interest, and continuing such a stay constitutes an abuse of discretion.
• Nord v. McILROY
  296 F.2d 12· 9th Cir.· 1961-08-23 ·cited 6×
  The court held that the theory of adverse possession need not be specifically pleaded in bankruptcy proceedings and that the evidence supported the appellee's claim of title by adverse possession under California law.
• Lubrano v. MacAuley
  125 So. 2d 911· Fla. 2d DCA· 1961-01-06 ·cited 6×
  This case involves a dispute over a thirty-foot strip of land, where the plaintiffs claimed record title and the defendants claimed adverse possession. The appellate court affirmed the trial court's decision, finding sufficient evidence to support both adverse possession and the
• Levering v. City OF Tarpon Springs
  92 So. 2d 638· Fla.· 1957-02-13 ·cited 6×
  A Florida Supreme Court case addressing whether a municipality can acquire title to private land through adverse possession when the original entry was admitted to be a mistake. The court held that the City of Tarpon Springs failed to establish the hostile and adverse possession
• Gates v. Roberts
  85 So. 2d 862· Fla.· 1956-03-07 ·cited 6×
  A Florida property owner who allowed his land to be sold for unpaid taxes later reacquired the property by purchasing a tax deed. The court held that such a purchase by a defaulting owner operates as a redemption that merges with and revives the original record title, rather than
• Fla. Coca-Cola Bottling Co. v. Robbins
  81 So. 2d 193· Fla.· 1955-06-15 ·cited 6×
  Florida Coca-Cola Bottling Company appeals a judgment for ejectment that awarded the Robbins plaintiffs possession of property described only as "1½ feet" of their lots and $3,500 in damages. The Florida Supreme Court reverses, finding the jury verdict insufficiently described th
• Mrs. Virgie D. Shepherd v. J. C. Mahannah for Kelsey-Hayes Wheel Co.
  220 F.2d 737· 5th Cir.· 1955-04-06 ·cited 6×
  The court held that the trial court did not err in finding the appellant did not acquire title by adverse possession for most of the land, but did err regarding Lot 7.
• Rubin Bryant and Andrew Kennedy v. Chicago Mill & Lumber Co.
  216 F.2d 727· 8th Cir.· 1954-11-12 ·cited 6×
  The court held that the deeds referencing a natural boundary (Chute) and subsequent tax actions effectively severed accretions from the original riparian land, vesting title in the defendants.
• The Drawdy Inv. Co. & Leonard Realty Corp. v. Leonard
  261 F.2d 226· 5th Cir.· 1953-11-19 ·cited 6×
  The court held that the dismissal for want of jurisdiction was proper because the appellants' claims did not present a federal constitutional question, but rather a disagreement with state court decisions.
• Deas v. Burnham
  65 So. 2d 297· Fla.· 1953-05-19 ·cited 6×
  Deas filed suit in chancery to cancel a deed and quiet title to property, but the court transferred the cause to the law side for ejectment proceedings. Burnham raised a defense of seven-year adverse possession, timing the statute from when the ejectment declaration was filed rat
• Kimble v. Willey
  198 F.2d 812· 8th Cir.· 1952-09-08 ·cited 6×
  An adverse possessor's claim is not automatically preserved when their tenant attorns to the record owner, especially if the owner lacks knowledge of the tenant's adverse relationship.
• Fife v. Barnard
  186 F.2d 655· 10th Cir.· 1951-01-02 ·cited 6×
  The court held that the appellees' claims were barred by the Oklahoma Statute of Limitations due to open, notorious, exclusive, and adverse possession under color of title and claim of right for a sufficient period.
• Henderson v. Shell Oil Co., Inc.
  173 F.2d 840· 8th Cir.· 1949-04-15 ·cited 6×
  Missouri courts lack subject matter jurisdiction over an action for damages for products severed from land when the defendant is in actual possession claiming right thereto under color of title.
• Drawdy Inv. Co. v. Leonard
  158 Fla. 444· Fla.· 1947-01-31 ·cited 6×
  Drawdy Investment Company appealed a judgment of ejectment dismissing its claim to property in Brevard County based on adverse possession. The Florida Supreme Court affirmed the dismissal, holding that the plaintiff failed to adequately plead facts establishing adverse possession
• Saucier v. Crichton
  147 F.2d 430· 5th Cir.· 1945-02-08 ·cited 6×
  The court held that the sale of rights by Wachovia Bank to the appellant was not a litigious right under Louisiana law because issue had not been joined with respect to those specific beneficiaries at the time of the sale. The court also found the blanket clause in the deed from
• United States v. Fuston
  143 F.2d 76· 10th Cir.· 1944-05-22 ·cited 6×
  The court held that the State did not acquire title by adverse possession or prescription because the statute of limitations did not run against the restricted Indian owner, and the mortgage and foreclosure were void if the land remained restricted.
• Wright Ests., Inc. v. Germain
  152 Fla. 612· Fla.· 1943-03-23 ·cited 6×
  Possession under an executory contract is not adverse to the vendor, and a mortgagor cannot claim adverse possession against a mortgagee before the foreclosure is complete.
• United States v. Fullard-Leo
  133 F.2d 743· 9th Cir.· 1943-02-01 ·cited 6×
  The dissenting judge believes the dismissal was proper because the appellees' long-continued possession under claim of right created a presumption of title that the government failed to overcome.
• White v. Fed. Deposit Ins. Corp.
  122 F.2d 770· 4th Cir.· 1941-09-10 ·cited 6×
  The court held that the statute of limitations barred recovery of most assets transferred to directors, but not the $1,009.33 item due to fraud/mistake and lack of discovery.
• Adams v. Orange Realty Sales, Inc.
  134 Fla. 175· Fla.· 1938-10-06 ·cited 6×
  In this ejectment action, the Florida Supreme Court affirmed judgment for the defendant landowner, holding that a defendant in possession can defeat a plaintiff's claim by proving title in a third party, even if the defendant does not have record title in itself. The court applie
• Seaboard Air Line Railway v. Atl. Coast Line R.R. Co.
  117 Fla. 810· Fla.· 1935-01-01 ·cited 6×
  The Florida Supreme Court affirmed a decree quieting title to a 30-foot strip of railroad right-of-way land in favor of the Atlantic Coast Line Railroad against the Seaboard Air Line Railway. The court held that the evidence sufficiently supported the lower court's findings that