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. The establishment of title by adverse possession has been held to be based on the theory or presumption that the owner has abandoned the property to the adverse possessor.
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.
District of Columbia Affidavit as to Apparent Abandonment of Real Property is a legal document used in establishing a claim of adverse possession, also known as squatters' rights, in the District of Columbia. This affidavit serves as evidence to support the squatter's claim to the property when the original owner has apparently abandoned it. By filing this affidavit, the individual aims to establish themselves as the rightful owner of the property through continuous and uninterrupted possession. In the District of Columbia, there are two types of Affidavits as to Apparent Abandonment of Real Property that can be used to support an adverse possession claim: 1. Affidavit as to Apparent Abandonment of Real Property by Individual: This affidavit is used when an individual, acting as a squatter, seeks to claim adverse possession of a property. The affidavit must outline the details of their continuous possession, demonstrating that they have exclusively occupied and maintained the property for a specified period (typically 15 years) without the owner's interference. It should also include evidence of efforts made to contact the owner or establish their intent to possess the property. 2. Affidavit as to Apparent Abandonment of Real Property by Organization or Group: This affidavit is utilized when a group or organization collectively occupies a property and seeks to claim adverse possession. Similar to the individual affidavit, it must provide detailed information about the uninterrupted and exclusive possession, as well as efforts made to contact the owner or establish their intent to possess the property. Each member of the group or organization should sign the affidavit, acknowledging their participation and contribution to the occupation. In both cases, the affidavit should include the following key information: 1. Property details: Clearly describe the property in question, including its address, legal description, and any significant features or improvements made. 2. Squatter's details: Provide the squatter's full legal name, address, and contact information. 3. Duration of possession: State the specific period during which the squatter has occupied and possessed the property without interruption or sharing with the owner. 4. Intent to possess: Highlight any actions or efforts made to demonstrate the squatter's intent to possess the property, such as paying property taxes, making repairs or improvements, and maintaining utilities. 5. Knowledge of owner's absence: Explain how the squatter became aware of the owner's apparent abandonment, providing any evidence or supporting documentation such as lack of property maintenance, public records indicating the owner's absence, or unsuccessful attempts to contact the owner. 6. Acknowledgment of possible legal consequences: Include a statement acknowledging that the squatter understands the legal consequences and potential challenges involved in pursuing an adverse possession claim. 7. Signatures and notarization: The affidavit must be signed by the squatter(s) in the presence of a notary public, who will then notarize the document to certify its authenticity. It's important to note that adverse possession laws and requirements vary in different jurisdictions, including the District of Columbia. Consulting with an experienced real estate attorney is highly recommended ensuring compliance with local laws and to increase the chances of a successful adverse possession claim.
