Legal Question in Real Estate Law in Florida

We recently purchased a home in Florida. A neighbor who has lived next door for many years has "claimed" a portion of our property. I say this because he has vegetables in pots and has rigged an irrigation system on land that is ours.

Is it true that if we allow this to continue that he in time will have something like "squatters rights" to this portion of land? It's a very nice couple in their 80's (although their daughter also lives with them) and we'd rather not make an issue of it if it doesn't hurt us legally to allow him to continue.

Thank you for your help.

Marcia Jones


Asked on 3/07/11, 1:49 pm

1 Answer from Attorneys
Richard Kaplan

What you are talking about is Adverse Possession. The key is whether it is being used Adversely.

If you give them permission and they don't dispute the ownership, then no, they can't get Adverse Possession. But if they use it without permission, or if you give them permission and they claim they don't need it because they already own it, then you have a problem that needs to be addressed.

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Answered on 3/07/11, 2:27 pm


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