Florida Squatters Rights: Adverse Possession and the Sheriff Removal Process

Last updated November 14, 2026. Citations come from the Florida statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

Florida requires 7 years of actual continued possession under a claim of title for adverse possession without color of title, and an owner can ask the county sheriff for removal of people unlawfully occupying a home under Sec. 82.036. The statute text is verified; we could not confirm every procedural detail on official forms.

Adverse possession rules

• Adverse possession under color of title requires entry under a claim of title founded on a written instrument, decree or judgment and continued possession for 7 years; the instrument must be recorded in the office of the clerk of the circuit court of the county for possession commencing after Dec. 31, 1945. (Fla. Stat. Sec. 95.16(1))
• Adverse possession without color of title requires 7 years of actual continued possession under a claim of title exclusive of any other right, and the claimant must pay all outstanding taxes and matured special improvement liens within 1 year after entering possession, file a return with the property appraiser within 30 days after complying, and pay taxes for all remaining years. (Fla. Stat. Sec. 95.18(1))
• The return to the property appraiser must carry a notarized attestation and a description of use, and must state in 12-point uppercase boldface: THIS RETURN DOES NOT CREATE ANY INTEREST ENFORCEABLE BY LAW IN THE DESCRIBED PROPERTY. (Fla. Stat. Sec. 95.18(3))
• Upon a return, the property appraiser mails a copy to the owner of record, informs the owner that tax payments by the owner before April 1 following the assessment year have priority, and notes the tax roll that an adverse possession claim has been submitted. (Fla. Stat. Sec. 95.18(4))
• A person who occupies or attempts to occupy a residential structure solely by claim of adverse possession before making the required return commits trespass under s. 810.08; one who also offers the property for lease commits theft under s. 812.014. (Fla. Stat. Sec. 95.18(9)-(10))

Sheriff removal under Sec. 82.036

• Sec. 82.036 lets a property owner or authorized agent ask the county sheriff for immediate removal of persons unlawfully occupying a residential dwelling if: the requester is the owner/agent; the property is a residential dwelling; the occupants entered unlawfully and remain; the property was not open to the public at entry; the owner has directed them to leave; they are not current or former tenants under a rental agreement; they are not immediate family; and there is no pending litigation between owner and occupant. (Fla. Stat. Sec. 82.036(2))
• The owner submits a verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property, under penalty of perjury, with a copy of government-issued ID (or agent authority documents). The sheriff verifies the owner is the record owner or agent, then 'without delay' serves a notice to immediately vacate and puts the owner in possession; service may be by hand or posting on the front door. (Fla. Stat. Sec. 82.036(3)-(4))
• The sheriff is entitled to the same fee as for serving a writ of possession under s. 30.231; if the owner requests a standby to keep the peace while changing locks and moving personal property to or near the property line, the sheriff may charge a reasonable hourly rate. (Fla. Stat. Sec. 82.036(5))
• A person harmed by wrongful removal under Sec. 82.036 may be restored to possession and may recover actual costs and damages, statutory damages equal to triple the fair market rent of the dwelling, court costs and reasonable attorney fees. (Fla. Stat. Sec. 82.036(6))
• Sec. 82.036 history notes: s. 1, ch. 2024-44; s. 1, ch. 2025-112; s. 9, ch. 2026-14 (the 2024 enactment is the HB 621 law; the HB number itself was not verified on the statute page). (Fla. Stat. Sec. 82.036 History note)

What we could not confirm

• Whether the 2024 law was effective July 1, 2024 not confirmed from an opened page.
• That ch. 2024-44 was House Bill 621 was not confirmed on an official page opened in this session.

How to sell a house in Florida when this applies to you

1. Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Florida.

Florida Squatters Rights FAQ

How long does adverse possession take in Florida?

Without color of title it requires 7 years of actual continued possession under a claim of title, and the claimant must also meet the property tax return rules in Ch. 95.

Can I ask the sheriff to remove squatters?

Sec. 82.036 lets an owner or agent ask the county sheriff for immediate removal of persons unlawfully occupying a residential dwelling, using a verified complaint.

What if the sheriff removes the wrong person?

A person harmed by wrongful removal may be restored to possession and recover costs and damages (Sec. 82.036).

Can I sell my Florida house as-is?

Yes. A cash buyer purchases as-is, and the title company pays any mortgage and unpaid property tax from the proceeds at closing.

Sources

• Fla. Stat. Sec. 95.16(1)
• Fla. Stat. Sec. 95.18(1)
• Fla. Stat. Sec. 82.036(2)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Florida Florida attorney or tax professional.