Full question:
I have lived in a wooded area of orange county for 30 years now and the owner wants to rezone the land and develop it. As a squatter have I any right to stay here in my home and stop the rezoning process and development of this land?
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Florida
Answer:
In Florida, squatters may have rights under adverse possession, which allows a person to gain title to property after occupying it openly and notoriously for at least seven years. To establish adverse possession, you must meet strict criteria, including:
- Occupying the land openly and visibly, in conflict with the owner's rights.
- Having some form of title or having paid property taxes on the land.
- Possessing the land continuously and exclusively for a minimum of seven years.
If you can successfully claim adverse possession, it may impact the owner's ability to rezone the land. In Orange County, the zoning director determines nonconforming use status. To request this, you need to submit an application that includes:
- Your name and address, along with your signature.
- The property’s legal description.
- The current zoning.
- A statement requesting acknowledgment of nonconformity.
- A description of the nonconformity.
- Details about how long you have used the property.
- A statement confirming your knowledge of the information provided.
This application must be notarized before submission. You may also include supporting evidence such as site plans, photographs, and historical documentation. If the zoning director denies your request, you can appeal according to the procedures in the county code.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.