The 2023 Florida Statutes (including Special Session C)

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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F.S. 95.12

95.12 Real property actions.—No action to recover real property or its possession shall be maintained unless the person seeking recovery or the person’s ancestor, predecessor, or grantor was seized or possessed of the property within 7 years before the commencement of the action.

History.—s. 2, ch. 1869, 1872; RS 1287; GS 1718; RGS 2932; CGL 4652; s. 8, ch. 74-382; s. 521, ch. 95-147.

F.S. 95.12 on Google Scholar

F.S. 95.12 on Casetext

Amendments to 95.12

Arrestable Offenses / Crimes under Fla. Stat. 95.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 95.12.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE WOODBRIDGE GROUP OF COMPANIES, LLC,, 592 B.R. 761 (Bankr. Del. 2018)

. . . ./94.82% 5,715/95.12% $35,069,584/5.18% 293/4.88% Class 4 $6,906,309/99.84% 38/97.44% $11,160/0.16% 1 . . .

E. OMOTOSHO, v. GIANT EAGLE, INC., 997 F. Supp. 2d 792 (N.D. Ohio 2014)

. . . Andy Chang, opines that this difference causes African Americans to be underrepresented on jury panels 95.12% . . .

In TCI HOLDINGS, LLC,, 428 B.R. 117 (Bankr. D.N.J. 2010)

. . . . § 5:12-95.12 through 95.16. . . .

TARIN, v. SNIEZEK, 942 So. 2d 458 (Fla. Dist. Ct. App. 2006)

. . . disputed property since 1995, the Sniezeks’ counterclaim was foreclosed as a matter of law by section 95.12 . . . issue of material fact as to whether their counterclaim for ejectment was time-barred under section 95.12 . . . Skidmore, 842 So.2d 1003, 1005 (Fla. 4th DCA 2003) (referring to section 95.12 as an additional basis . . . Wheeler, 498 So.2d 1039, 1042 (Fla. 1st DCA 1986) (stating that the requirement of sei-sin under section 95.12 . . .

PADRON WAREHOUSE CORP. a v. THE REALTY ASSOCIATES FUND III, L. P. III, a J., 377 F. Supp. 2d 1259 (S.D. Fla. 2005)

. . . . § 95.12 (recovery of real property). I agree with Realty. . . .

SEMBLER MARINE PARTNERS, LTD. v. J. SKIDMORE, s, 842 So. 2d 1003 (Fla. Dist. Ct. App. 2003)

. . . See § 95.12, Fla. Stat. (1975). . . .

In HILLARD DEVELOPMENT CORPORATION, In d b a In d b a d b a LTD. v., 238 B.R. 857 (Bankr. S.D. Fla. 1999)

. . . . § 95.12 (real property actions). . . .

ESTATE OF JOHNSTON, v. TPE HOTELS, INC. a, 719 So. 2d 22 (Fla. Dist. Ct. App. 1998)

. . . Thus sections 95.12 and 95.14 are inapplicable because they govern actions to recover real property. . . . See Kempfer (section 95.12 does not apply to action for rescission of grant of easement). . . .

D. DAUGHERTY, v. SARASOTA COUNTY, FLORIDA, a, 157 F.R.D. 542 (M.D. Fla. 1994)

. . . , therefore, is governed by a seven year statute of limitations, as specified in Florida Statutes § 95.12 . . .

NEW PORT LARGO, INC. a H. D. v. MONROE COUNTY, a NEW PORT LARGO, INC. H. D. v. MONROE COUNTY, a, 985 F.2d 1488 (11th Cir. 1993)

. . . . § 95.12 (real property actions). . . .

McDONALD, v. GIVENS, 509 So. 2d 992 (Fla. Dist. Ct. App. 1987)

. . . Section 95.12, Florida Statutes (1985), provides: “No action to recover real property or its possession . . .

RIGBY, v. G. LILES, L. Co., 505 So. 2d 598 (Fla. Dist. Ct. App. 1987)

. . . Appellees assert that the seven year statute of limitation contained in § 95.12 bars the appellants’ . . . Section 95.12, Fla. . . . Cases falling within the ambit of § 95.12 deal generally with actions to recover possession of realty . . . recover real property or its possession” within the meaning of the seven year limitation period in § 95.12 . . .

FOLLETTE v. VITANZA T. Jr. J. B., 658 F. Supp. 492 (N.D.N.Y. 1987)

. . . net income for the week after various withholdings mandated by state and federal law would have been $95.12 . . .

J. TURNER, v. C. WHEELER,, 498 So. 2d 1039 (Fla. Dist. Ct. App. 1986)

. . . Real property actions are governed by Section 95.12, providing that “[n]o action to recover real property . . .

RICHARDS ENTERPRISES, INC. v. R. SWOFFORD, R. P. A., 495 So. 2d 1210 (Fla. Dist. Ct. App. 1986)

. . . owners against unknown persons unknown by the plaintiff to be in adverse possession of real property (§§ 95.12 . . .

KEMPFER, P. a k a v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, St. Jr. D Dr. O., 475 So. 2d 920 (Fla. Dist. Ct. App. 1985)

. . . trial court ruled that plaintiffs’ causes of action were barred by the statute of limitations, section 95.12 . . . Limitations In this case, the trial court found the plaintiffs’ cause of action was barred by section 95.12 . . . We disagree that section 95.12 bars the plaintiffs’ cause of action pertaining to the easements. . . . is an incoporeal interest in land, under no circumstances would the fee owner be affected by section 95.12 . . . Concealment of an alleged fraud, would prevent section 95.12 from running from the date of the deed and . . .

HADDEN, v. HOWARD,, 713 F.2d 1003 (3d Cir. 1983)

. . . prison regulations which govern inmate complaints brought against other prisoners. 37 Pa.Code §§ 95.1-95.12 . . .

NEVADA POWER CO. v. G. WATT, L. PUBLIC SERVICE COMPANY OF COLORADO, v. G. WATT, R. E. R. O. J. E. J. COLORADO- UTE ELECTRIC ASSOCIATION, INC. v. G. WATT, W., 711 F.2d 913 (10th Cir. 1983)

. . . Ill, at 217, ¶ 55, 95.12% of the direct costs billed was allocated to EIS and EA preparation, Rec., vol . . .

W. KITZINGER V. v. GULF POWER COMPANY,, 432 So. 2d 188 (Fla. Dist. Ct. App. 1983)

. . . Gulf Power counters by citation to section 95.12, which provides that an “action to recover real property . . . Gulf Power’s citation to section 95.12 also misses the mark conceptually; as owner of an easement only . . . Power is not now and was never “seized or possessed” of the property in the sense prescribed by section 95.12 . . .

W. McDONALD B. v. O STEEN,, 429 So. 2d 407 (Fla. Dist. Ct. App. 1983)

. . . Appellee also raised a statute of limitations defense (§ 95.12, Florida Statutes) and asserted that the . . .

AMERADA HESS CORPORATION, v. MORGAN, CHEVRON U. S. A. INC. a v. MORGAN,, 426 So. 2d 1122 (Fla. Dist. Ct. App. 1983)

. . . In our prior decision, we held that the statute of limitations, Section 95.12, Florida Statutes (1963 . . .

MORGAN v. AMERADA HESS CORPORATION, 357 So. 2d 1040 (Fla. Dist. Ct. App. 1978)

. . . The first of these is § 95.12, Florida Statutes, which provides as follows: “No action to recover real . . . We,. therefore, conclude that this action is not barred by § 95.12, Florida Statutes, as modified by . . .

A. WERNLE, Sr. M. A. Sr. v. BELLEMEAD DEVELOPMENT CORPORATION, a DOPORCYK v. BELLEMEAD DEVELOPMENT CORPORATION, a, 308 So. 2d 97 (Fla. 1975)

. . . Section 95.12, Florida Statutes, provides that no action for the recovery of real property shall be maintained . . .

E. WALKER v. UNITED STATES, 428 F.2d 1229 (Ct. Cl. 1970)

. . . . § 95.12 and § 95.14, F.S.A. provide that no action may be brought to recover real property unless the . . .

SARAH E. WALKER v. THE UNITED STATES, 192 Ct. Cl. 805 (Ct. Cl. 1970)

. . . . § 95.12 and § 95.14 provide that no action may be brought to recover real property unless the plaintiff . . .

MOORE, v. MUSA D. M., 198 So. 2d 843 (Fla. Dist. Ct. App. 1967)

. . . The court further found that the statute of limitations, specifically §§ 95.12 and 95.14, Fla.Stat., . . .

SIMONS v. VERO BEACH LAUNDRY,, 4 Fla. Supp. 174 (Fla. Industrial Comm'n 1953)

. . . Larson on Workmen’s Compensation Law, section 95.12, states as follows— The Massachusetts and Michigan . . .

J. E. v. L. L. G. W. a H. R. a, 147 Fla. 663 (Fla. 1941)

. . . and on December 27, 1938, took the civil service examination of the city and made a passing grade of 95.12% . . .