CopyCited 49 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 4807
...denied,
564 So.2d 1086 (Fla.1990). 13 On appeal, NPL asks us to apply a seven-year statute of limitations to its takings claims, arguing that a claim for the taking of property is most analogous to a state claim for adverse possession. See Fla.Stat. §
95.12 (real property actions)....
CopyCited 18 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1002
...The complaint is, therefore, sufficient to survive a motion to dismiss. On remand, appellant may amend to include additional necessary parties. Next, we look at the lower court's ruling on the statute of limitations and laches. Appellees assert that the seven year statute of limitation contained in § 95.12 bars the appellants' actions for substantive relief....
...rights of innocent third parties intervene or one (or more) of the transgressors has clearly demonstrated that the delay has prejudiced his alleged rights. Tower v. Moskowitz,
262 So.2d at 279 (quoting Reed v. Fain,
145 So.2d 858, 868 (Fla. 1962)). Section
95.12, Fla....
...(1985), provides that "no action to recover real property or its possession shall be maintained unless the person seeking recovery or his ancestor, predecessor, or grantor was seized or possessed of the property within 7 years before the commencement of the action." Cases falling within the ambit of § 95.12 deal generally with actions to recover possession of realty based on adverse possession, boundary disputes, and ejectment....
...3d DCA 1977); Holland v. Hattaway, supra . The counts for quiet title and reformation before us do not conclusively appear, as a matter of law, to be suits to "recover real property or its possession" within the meaning of the seven year limitation period in §
95.12; rather, these counts appear to allege actions in equity to construe or make the deeds respecting which appellants were grantors as tenants in common speak the truth as between them and the grantees to the deeds, subject to the twenty year limitation period in §
95.231....
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1921
...lan for the upper St. Johns River Basin. They also raised the affirmative defenses of laches, various statutes of limitations, and sovereign immunity. The trial court ruled that plaintiffs' causes of action were barred by the statute of limitations, section 95.12, Florida Statutes (1979), sovereign immunity, and failure to sufficiently allege extrinsic fraud....
...ned in the complaint constitute an insufficient basis upon which to predicate the remedy of rescission of the deeds and easements for fraud. II. Statute of Limitations In this case, the trial court found the plaintiffs' cause of action was barred by section 95.12, Florida Statutes (1983), which provides: No action to recover real property or its possession shall be maintained unless the person seeking recovery or his ancestor, predecessor, or grantor was seized or possessed of the property within 7 years before the commencement of the action. The trial court ruled that the statute effectively barred the plaintiffs' suit since they have not been in possession of the land since the conveyances were executed in 1967. We disagree that section 95.12 bars the plaintiffs' cause of action pertaining to the easements. Section 95.12 would never be applicable to bar suit for rescission of a grant of an easement, or an interpretation of rights thereunder, since the fee owner of lands impressed with the easement retains both the fee simple and possession (or construct...
...en though they are burdened with an easement enjoyed by another. In other words, an easement is a nonpossessory interest in land. [9] Since an easement is an incoporeal interest in land, [10] under no circumstances would the fee owner be affected by section 95.12....
...Further, had the fraud remedy been sufficiently pleaded in this case, we think that section
95.031(2), Florida Statutes (1983) [11] makes clear that such a cause of action does not accrue until the facts constituting fraud are discovered or should have been discovered. [12] Concealment of an *924 alleged fraud, would prevent section
95.12 from running from the date of the deed and grant of the easements....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...The Kitzingers' statute of limitations or laches defense is that Gulf Power's action, not for trespass but on the case, was barred four years after Gulf Power had notice in 1975 of the offending structure. Secs.
95.11(3)(p),
95.11(6), Fla. Stat. (1981). [1] Gulf Power counters by citation to section
95.12, which provides that an "action to recover real property or its possession" may be maintained within seven years after "the person seeking recovery ... was seized or possessed of the property... ." The Kitzingers' reasoning overlooks that their house is a continuing encroachment upon the easement. Gulf Power's citation to section
95.12 also misses the mark conceptually; *191 as owner of an easement only, a right of user superior to that of the servient fee owners but not exclusive of their title or possessory rights, Gulf Power is not now and was never "seized or possessed" of the property in the sense prescribed by section
95.12....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1998 WL 601324
...denied,
488 So.2d 68 (Fla.1986). It does not involve title to or an estate in the land itself. See Easton v. Appler,
548 So.2d 691 (Fla. 3d DCA 1989); Dean v. MOD Properties, Ltd.,
528 So.2d 432 (Fla. 5th DCA), rev. denied,
534 So.2d 400 (Fla.1988). 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)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1721
...he order of the trial court establishing the boundary between the properties in conformity with the 1969 survey is reversed and remanded for proceedings consistent with this opinion. REVERSED AND REMANDED. MILLS and WIGGINTON, JJ., concur. NOTES [1] Section 95.12, Florida Statutes (1985), provides: "No action to recover real property or its possession shall be maintained unless the person seeking recovery or his ancestor, predecessor, or grantor was seized or possessed of the property within 7 y...
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...NOTES [1] A full understanding of this litigation requires a reading of the necessarily lengthy recitation of facts contained in this court's prior opinion,
357 So.2d 1040, which are incorporated by reference. In our prior decision, we held that the statute of limitations, Section
95.12, Florida Statutes (1963), when considered in connection with Section 95.20(1), Florida Statutes (1973) [repealed by Ch....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2629
...sert *1042 his rights or whether the defendant has been prejudiced by the delay. However, Section
95.11 by its terms concerns only "limitations other than for the recovery of real property " (emphasis supplied). Real property actions are governed by Section
95.12, providing that "[n]o action to recover real property or its possession shall be maintained unless the person seeking recovery ......
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2003 WL 1877586
...passively acquiesced to the Allen boundary recognized as the boundary by both Skidmore and Sembler since the mid-1980's. Skidmore's building encroached onto the property now claimed by Sembler, Ltd., yet Sembler, Ltd. took no action for the prescriptive period of seven years. See § 95.12, Fla....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1993 WL 52521
state claim for adverse possession. See Fla.Stat. §
95.12 (real property actions). Because we find that NPL’s
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 42 Collier Bankr. Cas. 2d 1017, 52 Fed. R. Serv. 1028, 1999 Bankr. LEXIS 953
...ght to recover the real property is set forth in a confirmed reorganization plan. Florida, at least, has prescribed different limitation periods for these different rights. Compare Fla.Stat.Ann. §
95.11(2)(b) (action on a federal judgment) with id. §
95.12 (real property actions)....
CopyCited 2 times | Published | Supreme Court of Florida
...of the Marketable Record Title Act. The trial judge made the following specific finding of fact: "7. It is clearly established that the land which is the subject of this cause is wild and not in the possession of either [Appellee] or [Appellants]." Section 95.12, Florida Statutes, provides that no action for the recovery of real property shall be maintained unless it appears that the plaintiff (or his predecessor in title) was seized or possessed of the premises in question within seven years prior to the commencement of the action....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 WL 3422112
...Tarin proceeded to file a motion for summary judgment on the counterclaim, asserting that since he had been in open, notorious and exclusive possession of the disputed property since 1995, the Sniezeks' counterclaim was foreclosed as a matter of law by section 95.12, Florida Statutes (2006)....
...WHETHER THE SNIEZEKS' CROSSMOTION WAS TIME-BARRED Tarin also argues that the trial court erred in granting the Sniezeks' cross-motion for summary judgment because there was a genuine issue of material fact as to whether their counterclaim for ejectment was time-barred under section 95.12, Florida Statutes (2006) ("No action to recover real property or its possession shall be maintained unless the person seeking recovery ....
...was seized or possessed of the property within seven years before the commencement of the action."). We again disagree. Although seisin can be destroyed by acquiescence, see Sembler Marine Partners, Ltd. v. Skidmore,
842 So.2d 1003, 1005 (Fla. 4th DCA 2003) (referring to section
95.12 as an additional basis for affirming a judgment that established *462 a boundary by acquiescence), Tarin did not satisfy the elements of boundary by acquiescence. He therefore never divested the Sniezeks of possession of the disputed property. See Turner v. Wheeler,
498 So.2d 1039, 1042 (Fla. 1st DCA 1986) (stating that the requirement of seisin under section
95.12 "is met when a party is possessed of legal title, and this seisin can only be destroyed by establishing the fact that the other party acquired title by adverse possession") (quoting Moore v....
CopyCited 1 times | Published | District Court, S.D. Florida
...Padron committed forgery by signing the corrected deed on behalf of PWC, and says that its quiet title claim is governed by a 20-year statute of limitations, see Fla. Stat. §
95.231 (quiet title), or a seven-year statute of limitations, see Fla. Stat. §
95.12 (recovery of real property)....
CopyPublished | District Court of Appeal of Florida
Marlowe’s claim against them was time-barred under section
95.12, Florida Statutes (2004). Lastly, Marlowe
CopyPublished | District Court of Appeal of Florida
they argued that the action was barred by section
95.12, Florida Statutes, and section
95.11(3)(p),
CopyPublished | District Court of Appeal of Florida
claim against them was time- barred under section
95.12, Florida Statutes (2004). Lastly, Marlowe
CopyPublished | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 15792
McMillan. The statute of limitation specified in § 95.-12, Florida Statutes, bars appellants’ action against
