Re: [Paddlewise] Adverse Posession- Wekiva River

From: Sailboat Restorations, Inc. <sailboatrestorations_at_worldnet.att.net>
Date: Sun, 9 Jul 2000 08:06:14 -0400
Phares Heindl wrote:

> I think it takes at least 7 years of use here in Florida. It would be hard
> to commando camp that long. Along the Wekiva the doctrine did not work.
> There were squatter cabins along the river. The state successfully evicted
> despite claims of adverse possession. I do not know the details. My
website
> has a nice photo of the Wekiva, a spring fed river in Central Florida if
you
> wish to take a look. Great place to visit in the middle of winter. Water
72
> degrees all year.

Adverse possession does not work on government land.  The old phrase (which
shows how old the doctrine is) is: "Time does not run against the King."
You can squat on govt land forever and you will never have rights in the
land.  As for the time, it varies from state to state.  Seven years is
pretty short.  Most states have more like 10 to 20.  The use must be open
and notorious, adverse to the owner, and continuous.  If an owners suffers
that for the legally required time, the "squatter" can become the owner.  It
applies to entire spreads of property just as much as it does to that 2 foot
strip next to your driveway (put up a fence and in 20 years you'll own that
strip <g>).  Those are the basics.
Mark

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Received on Sun Jul 09 2000 - 05:05:30 PDT

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