# Fla. Stat. § 95.16: 95.16 Real property actions; adverse possession under color of title

> Florida · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.16

## Section

- **Citation:** Fla. Stat. § 95.16
- **Heading:** 95.16 Real property actions; adverse possession under color of title
- **Jurisdiction:** Florida
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Florida Code / Title VIII / Chapter 95 / Section 95.16

## Text

(1) When the occupant, or those under whom the occupant claims, entered into possession of real property under a claim of title exclusive of any other right, founding the claim on a written instrument as being a conveyance of the property, or on a decree or judgment, and has for 7 years been in continued possession of the property included in the instrument, decree, or judgment, the property is held adversely. If the property is divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract. Adverse possession commencing after December 31, 1945, shall not be deemed adverse possession under color of title until the instrument upon which the claim of title is founded is recorded in the office of the clerk of the circuit court of the county where the property is located.

(2) For the purpose of this section, property is deemed possessed in any of the following cases: (a) When it has been usually cultivated or improved. (b) When it has been protected by a substantial enclosure. All land protected by the enclosure must be included within the description of the property in the written instrument, judgment, or decree. If only a portion of the land protected by the enclosure is included within the description of the property in the written instrument, judgment, or decree, only that portion is deemed possessed. (c) When, although not enclosed, it has been used for the supply of fuel or fencing timber for husbandry or for the ordinary use of the occupant. (d) When a known lot or single farm has been partly improved, the part that has not been cleared or enclosed according to the usual custom of the county is to be considered as occupied for the same length of time as the part improved or cultivated.

History: s. 5, ch. 1869, 1872; RS 1290; GS 1721; RGS 2935; CGL 4655; s. 1, ch. 19253, 1939; s. 1, ch. 22897, 1945; ss. 11, 12, ch. 74-382; s. 1, ch. 77-174; s. 1, ch. 87-194; s. 522, ch. 95-147.

## Nearby sections

- [Fla. Stat. § 95.03 95.03 Contracts shortening time.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.03.md)
- [Fla. Stat. § 95.04 95.04 Promise to pay barred debt.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.04.md)
- [Fla. Stat. § 95.10 95.10 Cause of action arising in another state.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.10.md)
- [Fla. Stat. § 95.011 95.011 Applicability.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.011.md)
- [Fla. Stat. § 95.11 95.11 Limitations other than for the recovery of real property.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.11.md)
- [Fla. Stat. § 95.12 95.12 Real property actions.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.12.md)
- [Fla. Stat. § 95.13 95.13 Real property actions; possession by legal owner presumed.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.13.md)
- [Fla. Stat. § 95.14 95.14 Real property actions; limitation upon action founded upon title.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.14.md)
- [Fla. Stat. § 95.16 95.16 Real property actions; adverse possession under color of title.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.16.md)
- [Fla. Stat. § 95.18 95.18 Real property actions; adverse possession without color of title.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.18.md)
- [Fla. Stat. § 95.21 95.21 Adverse possession against lands purchased at sales made by executors.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.21.md)
- [Fla. Stat. § 95.22 95.22 Limitation upon claims by remaining heirs, when deed made by one or more.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.22.md)
- [Fla. Stat. § 95.031 95.031 Computation of time.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.031.md)
- [Fla. Stat. § 95.35 95.35 Termination of contracts to purchase real estate in which there is no maturity date.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.35.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_FL_TVIII_C95_S95.16. Check the current official text before relying on it. Not legal advice.