Florida Broker Practice Exam

Which condition relates to taxes in adverse possession?

1. Taxes paid by the true owner

2. Taxes must not be paid

3. Taxes paid by adverse possessor

4. Taxes must be negotiated with the county

The correct answer is: Taxes paid by adverse possessor

In the context of adverse possession, the correct condition is that taxes must be paid by the adverse possessor. This requirement is significant because one of the legal prerequisites for claiming property through adverse possession is that the individual asserting the claim must demonstrate a continuous and exclusive use of the property, along with the payment of property taxes during the statutory period. Paying taxes on the property helps establish the possessor's claim of ownership and intention to possess the property. It shows that they are treating the property as their own, which is a critical aspect of adverse possession. This payment creates a legal obligation that further solidifies their claim compared to someone who may simply occupy the property without any recognition of its legal status. Other options hinge on incorrect premises regarding tax responsibilities related to property ownership and adverse possession. For example, taxes paid by the true owner do not directly support the claim of adverse possession since the true owner remains the legal owner regardless of what happens on the property. Similarly, taxes that are not paid or negotiations with the county do not fulfill the requirement necessary for an adverse possession claim. Therefore, it's essential for the adverse possessor to be the one actively paying taxes to strengthen their legal stance.