Adverse Possession (Florida)

There are lots of little nuances to know about adverse possession in Florida that don't apply in Real Property on the MBE. And most of these nuances are based on the concept of "color of title."

Occupation of property is under color of title when the occupation is founded on a written instrument or a judgment of decree of a court. If the instrument or decree is invalid then the occupation will be adverse and it might be deemed adverse possession under color of title.

Adverse Possession Under Color of Title:

In Florida, if occupation arises under color of title (see above), the property will be considered adversely possessed when it has been usually cultivated or improved or if it has been protected by a substantial enclosure. It'll also be deemed adversely possessed under color of title if the property is used for the supply of fuel or fencing timber for husbandry or for the ordinary use of the occupant. Lastly, adverse possession under color of title occurs if the property has been partly improved if the part is of a known or single farm. 

In all instances, for possession under color of title to be adverse, the instrument giving rise to color of title must adequately describe the property and be properly recorded in the official county records. If these requirements aren't satisfied, you should instead analyze under adverse possession without color of title.

Adverse Possession Without Color of Title:

Without color of title in Florida, the property will be deemed adversely possessed only if unusually cultivated/maintained/improved or protected by a substantial enclosure. Further, the possessor without color of title must have paid outstanding taxes on the property within one year after entering possession as well as made a return of the property (a filing with the property appraiser regarding the possession) and continue to pay all taxes on the property for each year of the statutory period (each year that the possessor adversely possesses the land). 

Lots of details, but I'd say the most important detail here is the requirement that adverse possession without color of title requires payment of taxes on the property. Bringing up these Florida distinctions on an essay testing an MBE subject can earn a significant number of extra points.