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.
Florida Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner — Squatters Rights: Understanding the Legal Document In the state of Florida, an Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner, commonly known as a "Squatters Rights Affidavit," is a legal document used by individuals who have been occupying a property unlawfully but can assert a claim of ownership based on adverse possession laws. This article provides a detailed description of this affidavit, its purposes, and the different types of claims it can address. 1. What is an Affidavit by Adverse Possessor? An Affidavit by Adverse Possessor serves as a declaration made under oath by an individual who has taken possession of a property without the permission of the legal owner. It outlines their claim of ownership based on adverse possession, a legal doctrine that allows someone who meets specific criteria to acquire title to a property through continuous, exclusive, hostile, open, and notorious possession. 2. Purpose of the Affidavit: The primary purpose of filing this affidavit is to assert a legal claim of ownership over a property that has been held adversely. By submitting this document, the adverse possessor aims to establish their right to the property based on a grant of ownership from a previous legal owner. 3. Different Types of Florida Affidavit by Adverse Possessor: a) Adverse Possession Affidavit — With Color of Title: This type of affidavit may be used when the adverse possessor claims ownership based on a document that appears to grant them rights to the property, such as an erroneous deed, invalid lease, or other mistakenly executed instrument. The document's "color of title" creates an illusion of valid ownership, strengthening the adverse possessor's claim. b) Adverse Possession Affidavit — Without Color of Title: In cases where the adverse possessor does not possess any written instrument that grants them apparent ownership rights, this type of affidavit is utilized. The claim relies solely on the length and exclusivity of their adverse possession, highlighting the continuous occupation without interference. 4. Key Contents of the Affidavit: a) Introduction: Identifying the affine (the adverse possessor), providing contact details, and explicitly stating the purpose of the affidavit. b) Description of Property: Provide a detailed description of the property being claimed, including its legal description, boundaries, and any improvements made. c) Adverse Possession Criteria: Outline how the adverse possessor's occupation meets the necessary criteria for adverse possession, including continuous, exclusive, hostile, open, and notorious possession over a specific period. d) Grant of Ownership: Assert that the claim of title relies on a grant of ownership from a previous owner, referencing any applicable legal documents or evidence supporting this claim. e) Supporting Evidence: Attach any relevant documents, such as witness statements, photographs, or surveys, to strengthen the affidavit's credibility. f) Sworn Statement: Conclude the affidavit by including a section where the affine swears under oath that the information provided is true and accurate to the best of their knowledge. It is important to note that while a Florida Affidavit by Adverse Possessor can be a crucial step in trying to gain legal recognition of squatters' rights, it does not guarantee success. Adverse possession laws vary across states, and the court ultimately determines the validity of such claims on a case-by-case basis. Consulting with a knowledgeable real estate attorney is highly recommended ensuring compliance with the legal requirements and maximize the chances of a successful outcome.
