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Video Guide on Florida Property Law management

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Commonly Asked Questions about Florida Property Law

In addition to these basic requirements for adverse possession, Florida law requires that an adverse possessor occupy the land for at least seven years and meet either of the two following requirements: (1) adverse possession under color of title; or (2) adverse possession without color of title.
The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. The right of the property owner to privacy and to exclude others from the property to protect the owners possessions and property.
When an individual continuously occupies a property for seven consecutive years, lacking any legal document to support a claim to the lands title, they may establish adverse possession by filing a return with the county appraisers within one year of entry onto the property, and paying all taxes and liens assessed
In Florida, property is divided 50-50 if it is considered marital property or property that was acquired by either spouse during the marriage. Non-marital property, which is property either spouse acquired before the marriage, is not divided equally.
FCRA also has a seven-year rule which mandates that arrests not be reported for more than seven years on any background checks and convictions no more than 10 years. It is also important to note that this period begins when the charges are filed, not when they are dismissed.
Landlords in Florida cannot include provisions that waive the tenants basic rights, such as the right to a court hearing, or provisions that allow the landlord to retain the security deposit without justification. Illegal clauses that impose excessive late fees beyond what is considered reasonable are also forbidden.
Where there is no dispute or mistake regarding the true boundary line and someone builds a fence that clearly encroaches upon your land, immediately notify that person of the encroachment in writing. In such cases, the encroaching person is required to remove the fence.
Adverse possession without color of title Hostile. The possession must be without the true owners permission, meaning the adverse possessor uses the property contrary to the true owners rights. Actual. Exclusive. Open and notorious. Continuous for seven years. Substantial enclosure or improvement.