The Short Answer

In Florida, a property “encroachment” (like a fence, driveway, shed, or other use crossing the boundary) can give you the right to demand removal, recover possession, and potentially seek damages—depending on who has the better right to possession and how long the situation has been going on.

Because time can change rights (including adverse possession claims), it’s important to get legal advice quickly before an encroachment becomes harder to unwind.

What Florida Law Says

Encroachment disputes often turn into (1) a fight over who has the superior right to possess the disputed strip and (2) whether the other party can claim rights through long-term possession. Florida law provides causes of action to recover possession of real property and also sets time limits that can bar a late-filed claim.

The Statute

The primary law governing the time pressure in many encroachment/boundary disputes is Fla. Stat. § 95.12.

This statute establishes that an action to recover real property (or its possession) generally must be brought within 7 years of when you (or your predecessor) were last “seized or possessed” of the property.

Florida also recognizes adverse possession concepts that can affect encroachment cases, including adverse possession under color of title and without color of title. See, for example, Fla. Stat. § 95.16 and Fla. Stat. § 95.18.

Depending on the facts, a property owner may also pursue possession-based remedies such as ejectment. See Fla. Stat. § 66.021.

If your situation involves someone unlawfully entering or detaining possession, Florida provides additional remedies (including potential damages) under Fla. Stat. § 82.03.

If this property issue is tied to an inheritance, estate administration, or family ownership, you may also want to read: Do I Gain Any Ownership Rights by Paying Property Taxes on Someone Else’s Home in Florida? and (for co-owner disputes) What Are the Requirements to File a Partition Action in Florida?.

Why You Should Speak with an Attorney

While the statutes provide the general framework, encroachment cases are fact-sensitive and can escalate quickly. Legal outcomes often depend on:

• Strict Deadlines: Florida’s limitations period for recovering real property/possession can be a major issue. Under Fla. Stat. § 95.12, waiting too long can jeopardize your ability to recover the disputed area.
• Burden of Proof: These disputes often require clear evidence of the true boundary and the nature/extent of the encroachment (and, in some cases, proof about possession history).
• Exceptions and Competing Claims: The other party may argue adverse possession (see Fla. Stat. §§ 95.16 and 95.18) or dispute who has the superior right to possession—issues that can change the best strategy and the remedies available.

Trying to handle this alone can lead to avoidable mistakes—especially where the wrong claim is filed, the wrong parties are named, or a deadline problem is missed.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.