Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. In general, the acts of possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession. This form is an affidavit refuting such claims.
This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
An Arkansas Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner, also known as an adverse possession affidavit, is a legal document used to establish a claim of ownership to a property that has been occupied and treated as one's own without the formal consent of the true owner. This legal concept, commonly referred to as "squatter's rights," allows individuals to potentially acquire ownership rights over a property through continuous occupation and other qualifying factors. There are two main types of Arkansas Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner — Squatters Rights: 1. Open and Notorious Possession: In this situation, the adverse possessor openly and visibly occupies the property, without attempting to hide their presence. This can include erecting structures, making improvements, or utilizing the property openly, without any secrecy. 2. Hostile and Adverse Possession: This type of adverse possession occurs when the possessor's occupancy is without the owner's permission or consent. The possession is considered hostile in the legal sense, as it is done against the rights and interests of the true owner. The adverse possessor must claim ownership openly and assertively, treating the property as their own. When filing an Arkansas Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner — Squatters Rights, it is crucial to include relevant information, such as: 1. Detailed description of the property: Provide a comprehensive description of the property, including its physical boundaries or legal description, and any structures or improvements present on the land. 2. Adverse possession period: Specify the period during which the adverse possessor continuously occupied the property without interruption. In Arkansas, the usual period required for adverse possession is at least seven years. 3. Claim of title based on grant of ownership: Explain how the adverse possessor acquired the property from a previous owner, either through a written or oral agreement, and detail any supporting evidence, such as deeds, contracts, or affidavits. 4. Evidence of open and notorious possession: Provide evidence demonstrating that the possession was open, visible, and without any attempt to conceal or hide occupancy. This can include photographs, affidavits from witnesses or neighbors, utility bills, and tax payment records. 5. Hostile and adverse nature of possession: Clearly state that the possession was against the rights and interests of the true owner, emphasizing that no permission or consent was given for the occupancy. By meticulously detailing the above information, an Arkansas Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner — Squatters Rights can help individuals pursue their claim of ownership over a property through the legal concept of adverse possession. However, it is crucial to consult with a qualified attorney to ensure compliance with Arkansas laws and requirements specific to adverse possession cases.
