Ousting Heirs: Amending Florida’s Adverse Possession Statute to Remedy the State’s Heirs’ Property Problem

When people die intestate, their real property is distributed to their heirs based on the state’s default intestacy laws, which can result in the creation of “heirs’ property,” a unique form of tenancy in common ownership. Heirs’ property presents challenges such as highly fractionated ownership and cloudy title, making it challenging for cotenants to sell or improve the property.