Adverse possession—sometimes called squatter's rights—occurs when a person or entity who does not own a certain piece of real property occupies or uses it in a way that is adverse to the owner of the property—meaning the use is in conflict or at odds with the property owner’s interests.

If this adverse possession or use of the property meets the legal standard for adverse possession—often described as use that is continuous, exclusive, hostile, open, and notorious—and continues for the prescribed period of time (usually specified in the state statute)—the person or entity adversely possessing or using the property will acquire ownership of the property (title). This ownership will result in the changing of boundary lines.

Because the required adverse possession must be open, obvious, and adverse to the owner’s interests, title may only be acquired by adverse possession to the portion of property that is used in that way.

Adverse possession laws vary from state to state and may be located in a state’s court opinions (also known as common law or case law) or, more often, in its statutes.

In Florida, adverse possession laws are codified in Florida Statutes, specifically under Sections 95.16 to 95.18. To claim adverse possession in Florida, the occupant must have continuous, exclusive, open, notorious, and hostile possession of the property for a period of 7 years. The possession must be under a claim of title or color of title, which means the person claiming adverse possession must have some form of document or instrument that indicates a claim to the title, even if it is not valid. Additionally, the adverse possessor must have paid all outstanding taxes on the property during the possession period. If these conditions are met, the adverse possessor may be able to acquire legal title to the property. It is important to note that adverse possession claims can be complex and often require the assistance of an attorney to navigate the legal requirements and to potentially litigate the claim in court.