Adverse Possession - Grayton Beach FL area rentals from Garrett Realty - Over 17 years of Vacation Rental experience in the Beaches of South Walton area including Seaside Florida, Watercolor Florida, Grayton Beach, Seagrove Beach and Rosemary Beach.

Real Estate Articles

Adverse possession

In real estate common law, adverse possession is a means of acquiring title to another's real property without compensation, by, as the name suggests, holding the property in a manner that conflicts with the true owner's rights.

Adverse possession requires the actual, visible, hostile, notorious, exclusive, and continuous possession of the property for the statutory period, and some jurisdictions further require the possession to be made under a claim of title or a claim of right. In simple terms, this means that those attempting to claim the property are occupying it exclusively (keeping out others) and openly as if it were their own. Some jurisdictions permit accidental adverse possession as might occur with a surveying error. Generally, the openly hostile possession must be continuous (although not necessarily constant) without challenge or permission from the lawful owner, for a fixed statutory period in order to acquire title. Where the property is of a type ordinarily only occupied during certain times (such as a summer cottage), the adverse possessor may only need to be in exclusive, open, hostile possession during those successive useful periods. Fundamentally, adverse possession is an application of traditional statute of limitations. Once the cause of action for trespass arises, the landowner has a certain number of years to bring an action. Once that time has passed, the trespasser can no longer be evicted from the property, since the trespass action is time-barred.

Once the statute of limitations has expired for evicting the trespassers, and assuming the legal owner has done nothing to halt the process, the successful adverse possessors acquire equitable title to the land, to the extent it was actually possessed (e.g., just the part they occupied, not necessarily everything on the legal owner's deed). At that point they no longer need to continuously, exclusively or openly occupy any part of the land because they now own it. However, to become the legal owners of record (helpful to have a deed for future transactions), they may bring an action in land court to "quiet title" of record in their names on some or all of the former owner's property.

Adverse possession does not typically work against property owned by a government agency. It also fails to give any rights if the land is registered under a Torrens title registration system.

Contents

* 1 Squatter's rights

* 2 Adverse easements

* 3 Non-common law jurisdictions

Squatter's rights

Adverse possession is sometime called "squatters' rights". If the squatter abandons the property for a period, or if the rightful owner effectively removes the squatter's access even temporarily during the statutory time period, the "clock" usually begins running again. However, one squatter may pass along continuous possession to another squatter, known as "tacking", until the adverse possession period is complete. A lawful owner may also restart the "clock" by giving temporary permission for the occupation of the property, thus defeating the necessary "continuous and hostile" element. Evidence that a "squatter" paid rent to the owner would defeat adverse possession for that period.

Adverse possession is in some ways similar to homesteading. Like the adverse possessor, the homesteader may gain title to property by using the land and fulfilling certain other conditions. In homesteading, however, the possession of the property is not hostile; the land is either considered to have no legal owner or it is owned by the government. The government allows the homesteader to use the land with the expectation that the homesteader who fulfills the requirements necessary for the homestead will gain title to the property.

The homestead principle and squatter's rights embody the most basic concept of property and ownership, which can be summed up by the adage "possession is nine-tenths of the law", in other words, "the person who uses the property owns it". The homestead principle and squatter's rights pre-date formal property laws and to a large degree modern property law is a formalization and expansion of these simple ideas.

The homestead principle is the idea that if no one is using or possessing property, the first person to claim it and use it consistently over a period of time owns the property. Squatter's rights embodies the idea that if one property owner neglects property and fails to use it, and a second person starts to tend and use the property, then after a certain period of time the first person's claim to the property is lost and ownership transfers to the second person, who is actually using the property.

The legal principle of homesteading, then, is a formalization of the fundamental homestead principle in the same way that the right of adverse possession is a formalization of the fundamental and pre-existing principle of squatter's rights.

The essential ideas behind the homestead principle and squatter's rights hold generally for any type of item or property of which ownership can be asserted by simple use or possession. In modern law, homesteading and the right of adverse possession refer exclusively to real property. In the realm of personal property, the same impulse is summarized by the adage "finders keepers" and formalized by laws and conventions about abandoned property. In the realm of so-called intellectual property, until just a few hundred years ago all rights in a literary or artistic work remained in the hands of the person who physically possessed the work. The creator of a work who wished to retain control of the work was required to maintain physical control of the work in the manner of a trade secret. As the idea of intellectual property developed, more and more rights are reserved for the creator or copyright holder, regardless of whether or not this person maintains physical control of the work or copies of it. Fewer and fewer rights are retained by physical possessor(s) of the work. Some rights do remain, however, and are codified in the notion of fair use and the doctrine of first sale.

Adverse easements

Adverse possession only grants rights in the adversely possessed property which are 'taken' by the adverse possesser. For example, an adverse possesser may only take an easement, rather than the entire fee title to the property. In this manner, it is possible to adversely possess an easement, under the legal doctrine of prescription. This must also be done openly but need not be exclusive, and must outlast the same required statutory eviction period. It is common practice in cities such as New York, where builders often leave sidewalk space or plazas in front of their buildings to meet zoning requirements, to close public areas they own periodically in order to prevent the creation of a permanent easement and compromise their exclusive property rights.

Furthermore, if a property owner interferes with an easement upon his property in a manner that satisfies the requirements for adverse prescription (e.g., locking the gates to a commonly used area, and nobody does anything about it), they will successfully extinguish the easement. This is another reason to quiet title after a successful adverse possession or adverse prescription; it clarifies the record of who should take action to preserve the adverse title or easement while evidence is still fresh.

For example, given a deeded easement to use someone else's driveway to reach a garage, if a fence or permanently locked gate prevents the use, and nothing is done to remove or circumvent the obstacle, and the statutory period expires, then the easement ceases to have any legal force, even though it remains in the deed.

Non-common law jurisdictions

Some non-common law jurisdictions have laws similar to adverse possession. For example, Louisiana has a legal doctrine called acquisitive prescription.

Welcome to Garrett Realty vacation rentals and the beautiful Beaches of South Walton ! We have a wide selection of condos and house rentals to meet any budget. Our offices are located in Seagrove Beach, Florida, but our properties are located all along the Beaches of South Walton area. We have vacation rentals located near:

Seaside Florida
Watercolor Florida
Grayton Beach
Rosemary Beach
Seagrove Beach

The Beaches of South Walton present so many wonderful options for your next beach vacation, that it can be very hard to choose. So before you book your next vacation, be sure to check out the information we have provided about the different areas, or better yet Call on of our Beaches of South Walton Vacation Experts at 800-537-5387 or send us an email at info@garrettrealty.com

Seaside Florida
Seaside is one of the most successful new urban planned communities in the country. It had stunning artichure and one of the most beautiful streches of beach in the area. The shops of Seaside are some of the best in the area and provide a real sense of community. There are nine beach pavilions, each architecturally distinctive and each a symbol of the sharing of the beach and of Seaside’s commitment to harmony with the environment. Seaside has been designated a Blue Wave Beach from the Clean Beach Council. The Blue Wave, America’s first environmental certification for beaches, recognizes responsible beach management practices, including water quality, beach and intertidal conditions, safety, services, habitat conservation, public education and erosion management.

For many that choose to spend time in Seaside, the experience is all about enjoying the long, lazy days and soaking up sun on our award wining beach. But for those that choose to tear themselves away from that beach, they find a great deal of other fun and exciting things to do. Whatever your sport, you will find it, from sailing, kayak adventures, family croquet or playing tennis with a pro. If you're a golfer, a fisherman or have an unquenchable thirst for action Seaside provides a concierge that can arrange just about any kind of activity our unique part of Northwest Florida has to offer.

Watercolor Florida
The newest addition to the Beaches of South Walton, Watercolor is another stunning example of careful planning on the part of the develope Arvida, a St. Joe company. The 499-acre resort was designed by acclaimed architect, Jaque Robertson, on St. Jow Company land.

The stunning Watercolor Inn is a prominent feature of this new community. The inn was designed by acclaimed restaurant designer, David Rockwell, the designer of over 60 Planet Hollywoods. The inn combines the warmth and hospitality of a Southern grand hotel with the intimacy of a B&B inn and the charm of classic coastal beach house. An experience you will not want to miss and will not soon forget.

WaterColor has one of the very best and newest restaurants in the area, Fish Out of Water, which prepares choice selections of the finest local seafood and prime cuts of meat in an wonderful beachside setting. The restaurant’s wine collection has over 3000 bottles, representing some 325 vineyards.
WaterColor visitors enjoy access to a variety of diversions situated throughout the 499-acre community such as Western Lake, a rare, 220-acre coastal dune lake bordered by coastal pine forests, providing canoe, kayak, and sailing excursions. Other activities include WaterColor Workout, a full-service exercise gym, Cerulean Park, linking the gulf to the lake, and Town Center, a collection of retail shops, offices, and the WaterColor Market. There are also hiking and biking paths along an extensive woodland trail system within WaterColor as well as nearby state parks offer differing perspectives of coastal dune lakes, sand pine scrub, longleaf pine flatwoods, cypress ponds, wet prairies and titi swamps.

Grayton Beach FL
A Grayton Beach vacation rental is the perfect family vacation. The historic beach village of Grayton Beach, FL ia located minutes from our offices in Seagrove Beach. A Grayton Beach rental puts you in the center of a 20-mile long stretch of spectacular beaches, with rugged dune systems, and freshwater lakes which includes the villages of Dune Allen Beach, Santa Rosa Beach, Blue Mountain Beach, WaterColor, Seaside, Seagrove Beach, Camp Creek, Seacrest Beach, Rosemary Beach, and Inlet Beach. The landscape is absolutely stunning and the ecosystem is one of the only ones of its kind in the world. A rental in Grayton Beach allows you to stay in one of the oldest beach towns in the Coastal Southeast. It is a free-willed and free-spirited place that is hard to describe, but very easy to experience! It first belonged to the Choctaw Indians, then American pioneers braving the sand, mosquitoes and wild hogs. Currently, Grayton Beach is made up mostly of southern folks and their descendants who came to Grayton to escape the speed of modern urban life.

The main attraction while staying at your Grayton Beach Rental is the beach itself. It is wide, with bright, clean sand and warm, clear Gulf water. Many first-time visitors are surprised that the water is clear and turquoise much like the Caribbean. The Western Lake of Grayton is one of a dozen or so freshwater lakes in the area that open to the Gulf, which provide a unique natural habitat and an abundance of fish and marine life. The lake extends to the beach and is a grat place for families and children to swim and play in the shallow lake adjacent the normally calm Gulf surf. There are numerous parks in the area including the beautiful Grayton Beach State Park which offers camping, cabins, boating, fishing, hiking, and more. While staying at your Grayton Beach Rental you will have access to some of the very best restaurants in the Southeast, including the unique and “must visit” Red Bar

Rosemary Beach
Inspired by the small, waterfront towns of the Caribbean, Rosemary Beach was realized by a skilled group of planners, architects and local craftsmen. Its neighborhoods form an intricate patchwork: Singular homes, open spaces and intimate courtyards, woven together by lanes, sand paths and boardwalks.
Time- and climate- tested building traditions from the West Indies and American South combine with a rich palette of colors and architectural forms. Deep eaves, shuttered sleeping porches and hipped roofs are both beautiful and functional. High ceilings allow sea breezes to circulate; open balconies offer space to appreciate the sounds of the gentle surf. Rosemary Beach is named for the native species of rosemary herb that lines our sand paths and can be found throughout our town. As you stroll along our footpaths, you will discover some delightful surprises.

Here are a few of the many fine dining choices presented to Rosemary Beach visitors:

Onano Neighborhood Cafe at Rosemary Beach is situated on the ground floor of the Pensione, a minute's walk from the beach and the beautiful blue-green water of the Gulf of Mexico. This establishment, owned and operated by Penny and Mark Dragonette, specializes in Northern Italian cuisine and features fresh local seafood, choice beef and exciting foods from the Tuscany region. Tel. 850.231.2436

Courtyard Wine & Cheese, featuring 50 wines by the glass and a wide variety of upscale wines from around the world stored in the only environmentally controlled wine store in the Panhandle. Gourmet cheeses from Europe and America priced by the pound or served by the plate. Enjoy your wine and cheese in a beautiful and unique open-air courtyard. Wireless high speed internet available. Open daily from 11 am - 11 pm. Cheers! Tel. 850.231.1219

Summer Kitchen and Blue By Night is by day a casual breakfast & lunch hangout adjacent to the Lofts East, with an eclectic menu of roll-ups, salads, sandwiches, desserts and daily specials. Nighttime brings our metamorphous into Blue by Night, serving fresh Gulf seafood at it's finest. Hours are: 8am to 10:30am CST for Breakfast & 10:30am to 3pm CST for Lunch, 7 days a week (closed Christmas day). Sesonal dinner hours are Tue - Sun, 5:30 - 9:30 pm. Please call for more information. Tel. 850.231.6264

Sugar Shak is the place to enjoy ice cream cones, shakes, malts, homemade lemonade, cookies, sodas, special candies and even real sugar cane stalks! Everything tastes better at the Sugar Shak, a fun stop for the young… and the young at heart. Tel. 850.231.3655

Seagrove Beach
Visiting Seagrove Beach is like a trip to the past. It is one of those charming old towns that families have been visiting since the 1940’s and 50s. In Seagrove Beach, you will find charming seaside cottages with wide screened front porches tucked among scrub trees which provides a cozy, peaceful retreat. Seagrove Beach also has many recreational activities to chose from such as swimming, sandcastle building, surfing, snorkeling, sunning and swimming with dolphins. At nearby Eastern and Deer Lakes you have the choice of canoeing, kayaking, picnicking, fishing or boating. For those land lovers out there are many non-beach activities as well including nearby hiking and biking trails, golf and tennis. And just down the road from Seagrove Beach you will find an amazing selection of antique stores, art galleries, unique shops, and award winning restaurants. Seagrove Beach provides a great “Home Base” to explore the other nearby beach communities, including famous Seaside, site of the 1998 Jim Carrey movie, “The Truman Show.” If you are looking for a vacation that is pure Florida at it’s best, then Seagrove Beach could be the answer to your dreams.

Garrett Realty - The Choice for Beaches of South Walton Vacation Rentals including Grayton Beach Florida Rentals, Rosemary Beach rentals, Seaside Florida rentals and Seagrove Beach rentals