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Arkansas Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors - Squatters Rights

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This affidavit is an example of an affidavit that might be used in an abstract of land title. Such an abstract will set forth all important actions which are relevant to the title, such as filings of liens and encumbrances, any and all conveyances, transfers, and assignments, and other facts relevant to the claimant's title. An abstract of title will also note the status of liens and encumbrances, showing whether they have been released or not.


Neighbors may testify that the adverse claimant occupied the land for a certain period of time. Affidavits may prove useful to the adverse claimant by establishing the claim as being adverse to that of any other persons.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The Arkansas Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors — Squatters Rights is a legal document used in Arkansas to establish the claim of adverse possession and assert the rights of a third party who has held possession of a property, which was previously held adversely by successive adverse possessors. Keywords: 1. Arkansas Affidavit: This refers to the specific legal document used in the state of Arkansas to make a formal declaration under oath or affirmation of facts relevant to a claim of adverse possession by a third party. 2. Adverse Possessor: An adverse possessor is an individual who claims ownership or possessor rights over a property by virtue of continuous occupation and use, regardless of the actual owner's knowledge or consent. This term refers to the person asserting their claim of adverse possession. 3. Property Held Adversely: This phrase implies that the adverse possessor is occupying the property without the permission or consent of the true owner. It emphasizes the disputed tenure and the absence of lawful ownership rights. 4. Successive Adverse Possessors: This refers to a sequence of adverse possessors who have occupied the property continuously, one after the other, without interruption. It signifies that the current adverse possessor is not the first person to assert their claim to the property. 5. Squatters Rights: Squatters rights, also known as adverse possession rights, are legal principles that allow an individual to become the legal owner of a property if they meet certain criteria, including continuous possession, open and notorious use, and assertion of ownership rights, for a specified period of time. Types of Arkansas Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors — Squatters Rights: 1. Affidavit of Adverse Possession: This type of affidavit is used when a third party claims adverse possession of a property held adversely through one or more preceding adverse possessors. 2. Affidavit of Successive Adverse Possessors: This affidavit is employed when multiple adverse possessors have occupied the property one after another, and the current possessor seeks to assert their adverse possession rights. 3. Affidavit of Squatters Rights: This type of affidavit emphasizes the legal claim to ownership or possessor rights of a third party who has occupied a property as a squatter and wishes to establish their rights under the concept of adverse possession. It is important to note that the specific terminology and types of affidavits may vary in different jurisdictions. It is recommended to consult with an attorney or legal professional familiar with Arkansas law to ensure the accurate identification and selection of the appropriate affidavit for a particular case.

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FAQ

State "adverse possession" laws provide a legal process for continuous trespassers to gain title to an otherwise neglected parcel of property, typically after a number of years have passed.

The possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner. It must start with a wrongful disposition of the rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period.

The law of Adverse Possession is contained in the Article 65 Sch-I of the Limitation Act, 1963 which prescribes a limitation of 12 years for a suit for possession of an immovable property or any interest therein based on title.

In terms of adverse possession, the period is defined to be 12 years. According to the Indian legal system, if a property owner fails to make a claim towards their property for 12 years, and the same tenant continues to occupy the property for 12 years, the ownership rights to the property is transferred to the tenant.

Any evidence produced by your neighbour to suggest that they have been in occupation of the disputed land for 12 years or more without objection and which may now entitle them to claim ownership under the law of adverse possession.

As per the Limitation Act 1963, the statutory period of limitation that is allowed for possession of immovable property or any interest is 12 years in the case of private property and 30 years for public property, from the date the trespasser occupies the property.

Proving adverse possession you have been in factual possession of the land for the required period (for which see below); you have the necessary intention to possess the land; and; your possession is adverse, ie without the title owner's consent, without force, and without secrecy.

Color of title, payment of taxes, and a showing that the true owner has not paid taxes are statutory requirements for adverse possession in Arkansas. Under Arkansas code § 18-11-201, one who holds color of title and pays taxes for seven years of unimproved and unenclosed property is deemed to be in possession.

An application can be made if certain common law and statutory requirements are met and so long as the adverse possessor has been in possession of the land for a sufficient period of time (usually 10 or 12 years).

Elements of Adverse Possession at Common Law The claimant must occupy the property claimed (which would include occupancy by tenants) exclusively for at least seven years to obtain possession of the property.

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Squatting is when a person finds an abandoned or vacant property and moves in without discussing it with the property owner. It sounds like ... General disscussion of the recording acts, see 4 AMERICAN LAW OF PROPERTY ??All interests acquired by adverse possession or prescription are inherently ...Thus over the 50-year history of the two successive statutory land granton whether there were other parties making claims adverse to the petition. The essential elements of an adverse possession sufficient to create titleunder a claim of right, with the intention of using the property as his own, ...15 pagesMissing: Arkansas ?Squatters The essential elements of an adverse possession sufficient to create titleunder a claim of right, with the intention of using the property as his own, ... By CA Morgan · Cited by 2 ? Distinquished Service Award by the Arkansas Natural Resources Law Section of the Arkansas Bara life estate may also be lost through adverse possession,. 3 days ago ? In order to file an adverse possession claim, the person must prove that they have active control and possession of the property, meaning they' ... By HK WAY · Cited by 75 ? new adverse possession laws, the government provided legal title to squattersowner from third party claims to the property.30. Survey of Legislation, 2003 Arkansas General Assembly, Property Law, Adverse Possession, 26 U. Ark. Little Rock L. Rev. 477. Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle under which a person who does not have legal title to a ... What Is an Abandoned Property? Mortgage servicers and their attorneys across the country continue to grapple with the challenge of determining what constitutes ...

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Arkansas Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors - Squatters Rights