Adverse Possession Florida?

Started by HildenB • 11 replies • 3172 views

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HildenB
Posts: 4

Posted:

Greetings all

I am located in Lakeland Fl and have lived on our community for over 10 years now...actully 11 now and I have read about adverse possession of land that you maintain after I think 7 years if I recall correctly. I have quite a large lot and have about 2500sq ft behind me that I would like to take possion of, its actully common land but no one can access it and it will never be used so its not taking away from anyone or anything underhanded like that, our after having a brief chat with our HOA them don't appear to have a problem with me taking "adverse possession" but they have never had anyone do it before so they don't know much about the process process either.

As I said I have maintained it and cut the lawn which I laid on purchase of my home for over ten years so wonder if this adverse possession is possible? I have tried to investigate it but it does seem a little complicated for my little brain to take in so wonder if you kind folk to explain it in laymans terms please?

Appricate any help

Hilden

BrianB (California)
Posts: 2,820

Posted:

AS far as I know of AP law, which may vary from state to state, you must take some type of possession of the property, by fencing it, building on it, maintaining it openly or making some obvious use of it for a period of time (typically, many years.. 7 or more is common), WITHOUT the actual property owner noting it, saying anything about it, etc.. In a nutshell, you have to take possession from the rightful owner, and the owner not say or do anything about it for X years. then you can claim adverse possession. (fyi, not a lawyer, your mileage may vary, etc.)

So, if the HOA has ever said "go ahead, use it", then you can't take adverse possession.. because they KNEW of your intended use, and blessed it, which retains THEIR right to possession of the land (only the owner can give permission, and since they gave permission, they must be the owner).

You would be better off trying to purchase it from the HOA or have a quit claim deed filed.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Hilden,

You might be better off financially to buy the property from the HOA than to pay the legal bills for doing an adverse posession. Look in here for some better guidance...http://edis.ifas.ufl.edu/fe678

HildenB
Posts: 4

Posted:

Thank you for all your replies, reading my HOA covernants Articles of incorperation it says from what I can understand common areas are not to be sold, transfered ect ect.

Does Adverse Possession bypass covernant laws because its a state issue?

BrianB (California)
Posts: 2,820

Posted:

technically it would, however, the HOA might be in some trouble, explaining how they came to lose common area assets belonging to the organization...

HildenB
Posts: 4

Posted:

Quote:

Posted By BrianB on 04/18/2011 3:23 PM
technically it would, however, the HOA might be in some trouble, explaining how they came to lose common area assets belonging to the organization...

Hi Brian

Sorry can you just explain that one again for me as I didn't quite understand it? Thx

DonnaS (Tennessee)
Posts: 5,671

Posted:

Hilden,

Common areas belong to the entire membership. I would think that if a Board would like to dispose of any common area, they would need to have 100% approval from the membership with a vote to sell it off. And that would be if the County approves of changing the deeded plat. Sometimes common area will be part of a larger area sometimes shared with County or City restrictions as well.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

If it is "Common property" then you already own it as a member of the HOA. What you want is exclusive rights to that property. Which is different than possession. You already take care of it which should allow you to do with it more than other owners. However, once 1 owner gets wind or attitude about you using that property, then it's going to be a problem for all.

How accessibble is the property? Ever consider changing it over to property everyone can enjoy? Maybe a community garden area? A playground? A nature trail? Something that would benefit ALL since it is ALL the members that have an interest in the property whether or not they know it? Common property means ALL the owner's should have rights to use it unless it is dedicated exclusive use. Look up exclusive use in your CC&R's to see if it fits what you want the property for.

Former HOA President

HildenB
Posts: 4

Posted:

Thank you, its not that I am blocking anyone from gaining access otherwise people would use it and I wouldn't have asked this question in the first place, various fences and walls are up further down the community that stop people from gaining access, no one can access it if they wanted to unless they tresspass which I don't want to allow on my property. I have some ideas for the area which is why I was asking about taking possesion of it via adverse possession. Thx

PeterD3 (Florida)
Posts: 708

Posted:

Here's how you do it...
http://archive.flsenate.gov/data/Publications/2010/Senate/reports/interim_reports/pdf/2010-123ju.pdf

EdC5 (Florida)
Posts: 117

Posted:

Quote:

Posted By HildenB on 04/18/2011 4:05 PM
Thank you, its not that I am blocking anyone from gaining access otherwise people would use it and I wouldn't have asked this question in the first place, various fences and walls are up further down the community that stop people from gaining access, no one can access it if they wanted to unless they tresspass which I don't want to allow on my property. I have some ideas for the area which is why I was asking about taking possesion of it via adverse possession. Thx

If access to this common element is as restricted as you stated, I'd check to see if there's an easement across a portion of the abutting properties for member access.

Edward J Cooke, CMCA, LCAM

PeterD3 (Florida)
Posts: 708

Posted:

How long have you been paying the taxes on this piece of property?

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