The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07
CHAPTER 1928

Revised General Statutes of Florida
1920 being Section 1855, Compiled
General Laws of Florida, 1920 Re-
lating to Adverse Possession without
Color of Title BY Providing Therein
That the Said Land so Occupied Ad-
versely Shall Be Within One Year
After the Entry BY Such Adverse
Owner Returned for Taxation and
All Taxes Subsequently Assessed
AGAINST the same Duly Paid.
Be 1t Enacted by the Legislature of
the State of Florida:
Sec. l. That Section 1895, Revised
General Statutes of Florida, 1920,
(being Section 1865. Compiled Gen
eral Laws of Florida. 1920 relating
to adverse possession under color of
title be and the same is hereby am
ended so as to read as follows:
Adverse Possession Under Color of
TION FOR SEVEN YEARS RE-
QUIRED. - Whenever it shall ap-
pear that the occupant. or those I'M
der whom he iaims. entered into
possession of premises under claim
of title exclusive of any other right,
founding such claim upon a written
instrument as being a conveyance
of the premises in question, or upon
the decree or judgment of a compe-
tent court. and that there has been
a continued occupation and posses
sion of the premises included in
such instrument. decree or judgment
for seven years, the premises so in
cluded shall be deemed to have been
held adversely; except that where
the premises so included consist of
a tract divided into lots, the possess
sion of one lot shall not be deemed
a possession of any other lot of the
same tract; provided that during the
period of seven years aforesaid the
person so claiming adverse possess
sion under color of title shall have
within a year after entering into
possession make a return of said
property by proper legal description
to the assessor of the county wherein
situated. and has subsequently paid
all taxes heretofore or thereafter
levied and assessed against the same
and matured installmentS of special
Improvement liens heretofore or
thereafter levied and assessed ag-
ainst the same by the State and
such property be situated within any
incorporated City or Town. before
such taxes become delinquent.
Sec. ,. DEFINITION OF POSES
SION AND OCCUPATION REQUIR-
ED.-For the purpose of constituting
an adverse possession by any person
claiming a title founded upon a writ
ten instrument. or a judgment or de-
cree. land shall be deemed to have
following cases:
l. Where it has been usually cul-
tivated or improved.
?. Where ii has been protected
by a substantial enclosure.
3. Where (although not enclosed)
it has been used for the supply of
fuel. or of fencing timber for the
purpose of husbandry. or for the or
binary use of the occupa-nt; or
4 Where a known lot of single
farm has been partly improved, the
portion of such farm or lot which
may have been left not cleared or not
enclosed according to the usual
course and custom of the adjoining
country. shall be deemed to have
been occupied for the same length
of time as the part improved or Gull
tivated
5. Provided. however, no such
land shall be deemed to have been
held adversely under the provisions
of subdivisions l. 2. 5. and above
unless within one year after the en-
try by such adverse owner he. she or
ii has returned the said property by
proper legal description to the asses
sor of the county wherein situated.
and has subsequently paid all taxes
Heretofore or thereafter levied and
assessed against the same and ma
tured installments of special i'm
provement liens heretofore or there
after levied and assessed against the
same by the State and County and
by any city or town if such property
be situated within any Incorporated
city or town, before such taxes be-
come delinquent; Provided. further,
that this provision shall not be ap-
plicable to pending suits. nor shall
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 thereof.
Sec. 3. All laws or parts of laws
in conflict herewith are hereby re
pealed
Sec. 4. This Act shall take effec
upon its becoming a law.
Approved by the Governor June 5