The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07
NuApTEp 1o05A

AN ACT to Amend Section 1886,
Revised General Statutes of Flor
ida. 1920 being Section 4646, Com
piled General Laws of Florida, 1920
Relating to Adverse Possession
without Color of Title by Providing
cupied Adversely Shall Be within
One year after the Entry by Such
Adverse Owner Returned for Taxa
ton and all Taxes Subsequently As
sessed Against the Same Duly Paid.
Be 1t Enacted by the Legislature of
the State of Florida:
Sec. /. That Section 1886, Revised
General Statutes of Florida, 1920
(being Section 1856. Compiled Cen
eral Laws of Florida, 1920 Relating
to adverse possession without color
of title be and the same is hereby
amended so as to read as follows:
Adverse possession without color
of title.-1. TO BE LAND IN AC-
TUAL OCCUPATION ONLY. =
Where ii shall appear that there has
been an actual continued occupation
for seven years of premises under a
claim of title exclusive of any other
right, but not founded upon a writ
ten instrument. or a judgment or de-
cree. the premises so actually Occu-
pied, and no other, shall be deemd
to have been held adversely; pro-
vided that during the period of sew
en- years aforesaid the person so
claiming adverse possession without
color of title shall have within a
year after entering into possession
make a return of said property by
proper legal description to the as
SCISSOR of the county wherein. stu
ated and has subsequently, during
each year paid all taxes heretofore
or thereafter levied and assessed ag-
ainst the same and matured INSTALL
ments of special Improvement liens
heretofore or thereafter levied and
assessed against the same by the
State and County and by City or
Town, if such property be situated
within any Incorporated City or
Town before such taxes become de-
linQuent, provided. further, that this
provision number three shall not be
it be applicable to claims of adverse
possession of lands adversely occu-
pied prior to the passage Of this
Act until after one year from the
effective date hereof.
Sec. 2. DEFINITION OF OCCU-
PATTON AND POSSESSION RE
QUIRED. - For the purpose of con-
shutting an adverse possession by
person claiming title not founded
ment or decSee, land shall be deemed
to have been possessed and occupied
in the following cases only: 1. Where
it has been protected by substantial
enclosure; or 2, where it has been
usually cultivated or improved; 8,
provided however, no such land shall
be deemed to have been held adj
yersely under the provisions of sub
divisions l and 2 above unless with
in one year after the entry by such
adverse owner, he. she or it has re-
turned the said property by proper
legal description to the assessor OF
the County wherein situated, and has
subsequently,. during each year paid
all taxes therefore or thereafter
levied and assessed against the same
and matured installments or spe-
cial improvement liens heretofore
or thereafter levied and assessed ag-
ainst the same by the State and
County and by any City or Town,
if such property be situated within
any Incorporated City or Town, be-
fore such taxes become delinquent
Sec. 3. All laws or parts of laws
in conflict herewith are hereby re-
pealed
Sec. 4. This Act shall take effect
upon it's becoming a law.
Approved by the Governor June s.
1889.