How does a squatter or adverse possessor stop the re-zoning of his land by reputed owner?

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: 04/07/2025
• State: Florida

Answer:

In Florida, squatter's rights or adverse possession occurs when a person loses title to his property because another person has occupied the land for at least seven years, resulting in overlapping legal descriptions. The requirements for adverse possession are very strict. The person claiming adverse possession must possess the land openly, notoriously, and in a visible manner such that it is in conflict with the owner's right to the property. In addition, this person must either have some sort of title on which to base claim of title or the person must have paid property taxes on the land claimed to be adversely possessed. Of final note, the person must possess the land continuously and exclusively for at a period of at least seven years.

If one can successfully claim adverse possession of property, then it would be possible for another person to apply to change the zoning of the land.

The Orange County zoning code provides:

Sec. 38-54. - Submittal requirements.

Nonconforming use status shall be determined by the zoning director. Each request for a nonconforming use determination will be reviewed by the zoning director or his/her designee. Upon completion of the review process, the zoning director shall forward to the applicant a determination in writing. The zoning director may request additional information, approve the request, approve the request with conditions or deny the request.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91)

Sec. 38-55. - Application requirements.

The application shall contain the following:

(1)
Name and address of applicant (printed or typed) and applicant's signature;
(2)
The property legal description;
(3)
The present zoning;
(4)
Statement requesting county acknowledgment of nonconformity;
(5)
Nonconformity description;
(6)
Identification of continuous length of use; and
(7)
Statement that the applicant(s) has and justification of personal knowledge of the above information.

Such application shall be dated and notarized prior to submittal to the zoning department. The applicant is encouraged to submit support evidence with the application; for example:

(1)
Site plan, drawn to scale, indicating property boundaries and all existing structures and uses located on-site with their locations and dimensions;
(2)
Floor plans, fully dimensioned;
(3)
Photographs;
(4)
Historical information about the property from the county property appraiser's office (i.e., Howze card diagram);
(5)
Historical documentation from public/private utility companies regarding electrical and/or water service (i.e., when original electrical meter(s) was set; length of service);
(6)
Occupational license information (if the request is for a business);
(7)
Copies of legal documents (i.e., leases, rental documents, deeds, private property appraisals, contract agreements, etc.); or
(8)
Any other pertinent information relative to the request.

Appeal of the zoning director's determination shall be in accordance with the procedures established in chapter 30, section 30-43(1) of the County Code, which are duplicated in chapter III of the Land Development Code.