To convey to the deed is improperly executed a 9516

to convey, to the deed is improperly executed)
a. 95.16 Adverse possession under color of title
i. When the occupant, or those under whom
the occupant claims, entered into possession
of real property under a claim of title
exclusive of any other right, founding the
claim on written instrument as being a
conveyance of the property, or on a decree
or judgment, and has for 7 years been in
continued possession of the property
included in the instrument, decree or
judgment , the property is held adversely
ii. In FL, under FS 95.16, “the claim (of
adverse possession) requires proof that the
party claiming the land by adverse
possession under color of title has been in
notorious, open, continuous and exclusive
possession of the land for an uninterrupted
period of 7 years”
b. 95.18 Adverse possession without color of title

i. When the occupant, or those under whom
the occupant claims, have been in actual
continued occupation of real property for 7
years under a claim of title exclusive of any
other right, but not founded on a written
instrument, decree or judgment, the property
actually occupied shall be held adversely if
the person claiming adverse possession
made a return of the property by proper legal
description to the property appraiser of the
county where it is located within 1 year after
entering into possession and has
subsequently paid all taxes and matured
installments of special improvement liens
levied against the property by the state,
county, and municipality
4. Mannillo v. Gorski – (15” of encroachment, when D
remodels home)
a. ROL:
i. Is where possession is clear and
“immediately visible” the owner maybe
presumed to have knowledge of adverse
occupancy
ii. No presumption of knowledge arises from a
minor encroachment along a common
boundary; only where the true owner has
actual knowledge thereof may it be said that
the possession is open and notorious
iii. If the presumption doesn’t arise, then the
possessor who is innocent and mistaken
believes he has title and makes extensive
improvement and cannot without great
expense remove to eliminate the
encroachment or it is impractical to move,
the true owner may be forced to convey the
land occupied upon payment, without regard
to whether the true owner had notice at its
inception
5. Howard v. Kunto – (each person is on the wrong property
b/c of survey mistake)
a. ROL:
i. Tacking is permitted when (1) an adverse
possessor claims more land than that
described in the deed, and (2) when the
successive occupants are in privity (Can be

done without a deed because want to put
land to good use)
ii. Privity – refers to a succession of
relationship to the same ting whether created
by deed or other acts by operation of law
(can be established by voluntary transfer, or
the successive possession from one occupant
to another occupant)
1. Policy for privity: the squatter should
not be able to profit by his trespass v.