Guam Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

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Multi-State
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US-02716BG
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Description

A quiet title action is a civil lawsuit brought for the purpose of determining conflicting claims to real property. The action affects only those properties identified in the complaint. The action can target specific individuals who have or may claim an interest in the property (sometimes referred to as a quasi in rem proceeding); and it can sometimes be expanded to include all persons, known and unknown, who might have some interest in the property (an in rem action). A quiet title action, when properly conducted in accordance with statutory and constitu¬tional requirements, can resolve all claims and conflicts regarding the property in a single proceeding.


Most quiet title actions are based on adverse posses¬sion, in which the plaintiff alleges that he and his predecessors-in-interest have openly and notoriously claimed the property over a period of years and have paid the property taxes. Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In this case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a period of time. In Mississippi, the period of time is ten years. State statutes vary with regard to this period of time.


In addition to identifying adverse claimants, the plaintiff must undertake a diligent effort to give them notice of the action so that they can defend themselves. Since courts do not favor forfeitures of property interests, the plaintiff must satisfy both statutory and constitutional requirements for notice and due process. The best form of notice is personal service on the defendant(s). If a defendant cannot be served personally, states have enacted laws outlining the minimum procedures to be followed for constructive service of process on unknown or claimants that cannot be located. These minimum procedures may require mailing notice by certified mail, return receipt requested, to the last known address of a claimant; giving notice to the secretary of state for a defunct corporation; posting notice on the land; and publishing notice of the complaint in a local newspaper.

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FAQ

Interest/Extent of Rights. Easement. an irrevocable right to use some part of another's land for a specific purpose without taking anything from it. Profit. the right to go onto someone's land and take part of the land or a product of it away from the land.

Before an occupier can bring a claim for adverse possession of registered land, it should be established that the necessary requirements can be made out. These are as follows: Factual possession The applicant must have been in factual possession of the whole land continuously for the required period of time (10 years).

Conversely, a quiet title action is normally brought by someone who is in possession of property to extinguish the rights of others which cloud his or her title and could otherwise be used to challenge that that title, ultimately affecting their continued possession.

If the parties are easily found the action can be complete within sixty days. However, if service through newspaper is required, this can add an additional month.

Importantly, the burden of proof to establish a claim of adverse possession is on the trespasser. The legal holder of title is the presumed owner until the adverse possessor can meet that burden. In other words, it is the trespasser's job to prove that the judge should grant title to or ownership over a piece of land.

How to File Adverse Possession in Texas Five Requirements for Adverse Possession. Actual and Exclusive Possession. Open and Notorious Possession. Continuous Possession for a Specified Period. Hostile or Adverse Possession. Claim of Right or Color of Title. ?Tacking? in Adverse Possession Cases.

Adverse possession laws allow a trespasser to gain legal title to property if he or she openly inhabits and improves a property, or even a small part, for a determined amount of time. Utah law requires an individual to occupy property for at least seven years before the possibility of ownership changing hands.

The crime of larceny is what many of us think of as ordinary theft. It involves the taking of someone else's property without their consent and with the intent to permanently deprive them of it.

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Guam Complaint to Quiet Title by Adverse Possessor with Unknown Defendants