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.
A Hawaii Affidavit by Adverse Possessor is a legal document filed by an individual claiming ownership of a property based on adverse possession, often referred to as "squatters' rights." This affidavit is specifically used when the adverse possessor obtained their claim of title through a grant of ownership from a previous owner. Here is a detailed description of the Hawaii Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner — Squatters Rights, including different types you may encounter: 1. Hawaii Affidavit by Adverse Possessor: — This affidavit serves as a sworn statement by an individual asserting their adverse possession claim. — It is important to include details such as the adverse possessor's name, contact information, and a precise description of the property in question. — The affidavit should also explain the adverse possessor's rationale and actions justifying their claim of adverse possession. — Supporting evidence, such as occupancy or maintenance records, photographs, or witness statements, should be attached to strengthen the case. — The adverse possessor must affirm that their claim is based on a grant of ownership from a previous owner. 2. Adverse Possession by Grant of Ownership: — This type of adverse possession occurs when the previous owner willingly transfers ownership of the property to the adverse possessor. — The grant may be in the form of a deed, quitclaim, or other legally recognized document. — The adverse possessor must provide a copy of the grant of ownership document as evidence to support their claim. 3. Hawaii Squatters' Rights: — Squatters' rights, or adverse possession, refer to the legal concept allowing individuals to claim ownership of a property if certain conditions are met. — In Hawaii, squatters' rights are governed by specific laws outlined in the Hawaii Revised Statutes (HRS) section 657-31 to 657-37. — To assert squatters' rights, the adverse possessor must establish continuous, exclusive, open, and notorious possession of the property for a specified period, typically 20 years. — The adverse possessor's possession must be without the owner's permission, and they must possess the property in an actual, physical manner. When filing a Hawaii 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 understand the specific requirements outlined by Hawaii law. Consulting with a qualified real estate attorney is highly recommended ensuring all necessary details and evidence are included to strengthen the adverse possessor's claim.
