Updated October 2026. Florida’s adverse possession statutes were read on the Florida Legislature’s site on October 22, 2026.
Most land disputes between neighbors are settled in three steps: get the facts with a new survey and title search, talk it through, and sign a written agreement. If that fails, mediation or a quiet title suit decides it. Timing matters. In Florida, someone can claim land by adverse possession after 7 years of open, continued possession, as of October 2026.
Jump to: 🏠 Kinds of disputes · 🪜 Steps to settle · 📍 Adverse possession · 🤝 Selling or buying · ❓ FAQ
Key takeaways
- A licensed surveyor’s map, your deed and a title search settle most “where’s the line?” arguments.
- Florida adverse possession takes 7 years, with or without a deed. Without one, the claimant must pay the taxes and file a return with the property appraiser.
- Get any deal in writing and record it with the county, so the next owners are bound too.
- Selling with an open dispute is possible, but buyers, lenders and title insurers will ask about it.
A land dispute can start with a fence, a driveway or an old deed with a vague line. It’s stressful, especially with someone you’ll see every morning. Here’s how these disputes usually go, and the cheapest way out of each.
What are the most common land and property disputes?
| Dispute | What it looks like | First document to pull |
|---|---|---|
| Boundary | You disagree on where the line is. | A new survey and both deeds |
| Encroachment | A fence, shed or driveway sits over the line. | A survey showing improvements |
| Easement | Someone claims a right to cross or use your land. | The recorded plat and any easement deed |
| Adverse possession | Someone says they now own land they’ve used for years. | Tax records and the property appraiser file |
| Title or heirs | Two people claim the same parcel, often after a death. | A full title search and probate records |
Sometimes the surprise is on your own deed. A new owner may find an easement they never knew about, or a deed description that doesn’t match the fence. That’s why a title search comes before any argument.
How do you settle a property dispute?
1. Get the facts before you talk
Pull your deed, the recorded plat and your closing file. If you bought with title insurance, find the policy and the survey from closing. Then hire a licensed surveyor to mark the line on the ground. A survey is the one fact both sides tend to accept.
Find out why your neighbor sees it differently. Maybe a past owner told them the fence was the line. Maybe their deed describes the land another way. Knowing their reason helps you solve it.
2. Talk, then put it in writing
If the strip of land is small, a friendly fix is often worth more than the land. Good relations with your neighbors make the next 10 years easier. Common fixes include moving the fence, a boundary line agreement, a written easement, or one side buying the strip.
Whatever you agree, put it in writing, have it signed, and record it with the county. A handshake deal binds nobody once one of you sells.
3. Try mediation
A mediator is a neutral person who helps both sides reach a deal. It’s private, often faster than court, and the result is your choice, not a judge’s. Many courts and bar groups can point you to local mediators.
4. Hire an attorney and send a demand letter
If talks stall, a real estate attorney can review your survey, deed and title search and write a demand letter. The letter sets out your side, asks for action and may offer a settlement. Pick a lawyer licensed where the land is, since property law is local.
5. Go to court as a last step
If nothing works, your attorney can file suit. A quiet title action asks the court to decide who owns the land. An ejectment or trespass claim asks it to remove someone. In court, both sides submit their evidence, such as surveys, deeds, photos and witness accounts, and the judge rules. Settling is still possible at any point, so keep things civil.
How does adverse possession work in Florida?
Adverse possession lets someone gain title to land they’ve held openly for a set time. Florida has two paths, and both take 7 years.
| Path | Statute | Years | Key conditions |
|---|---|---|---|
| With color of title | Section 95.16 | 7 | Based on a written deed, decree or judgment, recorded in the county |
| Without color of title | Section 95.18 | 7 | Pay all taxes within 1 year, file a return with the property appraiser within 30 days, keep paying taxes |
Under section 95.18, Florida Statutes, the land must also be enclosed, or cultivated, kept up or improved in a usual way. After the return is filed, the property appraiser mails a copy to the owner of record. So watch your mail, and check your parcel on the appraiser’s site once a year.
Section 95.16 covers claims based on a written instrument. Other states set their own periods and rules, so check yours. If someone is living in a vacant property without a right to, see our guide on how to deal with squatters.
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Buy a home →How do title insurance and a survey protect you?
An owner’s title insurance policy covers some title defects that existed before you bought. Many policies leave out survey matters unless a survey was done, so read the exceptions page. Our guide to understanding title insurance explains what’s covered.
When you buy, the title company searches public records for ownership history, liens and other issues and clears them before closing. Beycome Title does this in Florida ($99 settlement fee, prepaid) and Texas ($299). Starting November 1, 2026, it also closes in Michigan, Ohio, Illinois and Indiana. Learn more about what a title company does.
Can you sell a property with a land dispute?
Yes, but it’s harder. A buyer’s lender and title insurer will want the issue cleared or written out of the policy. Most states also expect you to disclose known problems that affect value. Our guide to seller disclosures covers what to share.
The cleanest path is to settle first, record the agreement, then list. A recorded boundary agreement or easement gives the buyer and title company a clear answer. When you’re ready, a $99 flat fee MLS listing puts the home on the MLS with $0 at closing.
Buying land? Check before you sign
Order a survey, read the title commitment and walk the lines yourself. Look for fences, paths and sheds that don’t match the plat. Our checklist of things to know before you buy land and our page on acreage and property value help you spot trouble. The Beycome buyer program is open to every buyer on homes listed by other agents (the commission credit can’t apply where no buyer-agent commission is offered, like most FSBO homes, or on homes listed by Beycome sellers) with no upfront fee.
What if the dispute is with family or a partner?
Not every land dispute is with a neighbor. Heirs often disagree over a parent’s land, and couples split over a shared home. The same tools work: documents first, then talks, then mediation. Our guide to real estate laws when separating from a partner covers the second case, and selling a deceased parent’s house covers the first.
Land dispute questions
How do you resolve a land dispute with a neighbor?
Get a new survey and a title search, talk it through, and sign and record any agreement. If that fails, try mediation, then a lawyer’s demand letter, then court.
What is a quiet title action?
A lawsuit that asks a court to decide who owns a piece of land and to clear competing claims from the title.
How long does adverse possession take in Florida?
7 years of continued possession under sections 95.16 and 95.18. Without a deed, the claimant must also pay the taxes and file a return with the property appraiser.
Who pays for a survey in a boundary dispute?
Whoever orders it, unless you agree to split it. Some neighbors share one surveyor so both sides trust the result.
Can I sell my house if there’s a property dispute?
Yes, but lenders and title insurers will ask about it, and you should disclose it. Settling and recording an agreement first makes the sale much easier.
Does title insurance cover boundary disputes?
Sometimes. Many policies exclude survey matters unless a survey was done. Read the exceptions in your policy.
Statutes were read on October 22, 2026; laws change and vary by state. General information, not legal advice; talk to a real estate attorney licensed where the land is.
Beycome prices as of October 2026: Basic $99, $0 due to Beycome at closing (other closing costs, taxes and title fees still apply). Beycome Title: Florida and Texas today; Michigan, Ohio, Illinois and Indiana starting November 1, 2026. The buyer program has no upfront fee; Beycome keeps 1% of the price (minimum $1,499) and credits the rest of the buyer-agent commission at closing, with lender approval.
Sources
- Section 95.18, Florida Statutes, adverse possession without color of title, read October 22, 2026.
- Section 95.16, Florida Statutes, adverse possession under color of title, read October 22, 2026.
- Beycome Title, services and settlement fees, October 2026.
- Beycome, listing package features, October 2026.
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