Kansas Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors - Squatters Rights

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Multi-State
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US-00527BG
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Word; 
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Description

This affidavit is an example of an affidavit that might be used in an abstract of land title. Such an abstract will set forth all important actions which are relevant to the title, such as filings of liens and encumbrances, any and all conveyances, transfers, and assignments, and other facts relevant to the claimant's title. An abstract of title will also note the status of liens and encumbrances, showing whether they have been released or not.


Neighbors may testify that the adverse claimant occupied the land for a certain period of time. Affidavits may prove useful to the adverse claimant by establishing the claim as being adverse to that of any other persons.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Proving adverse possessionyou have the necessary intention to possess the land; and; your possession is adverse, ie without the title owner's consent, without force, and without secrecy.

A typical adverse possession statute requires that the following elements be met:Open and Notorious. The person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious.Exclusive.Hostile.Statutory Period.Continuous and Uninterrupted.

Adverse Possession in Kansas To adversely possess a property in Kansas, you must have openly, exclusively, and continuously been in possession of the real property, either knowingly adversely or under an inaccurate belief of ownership of that property, for at least 15 years.

The possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner. It must start with a wrongful disposition of the rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period.

It was observed: Adverse possession allows a trespasser a person guilty of a tort, or even a crime, in the eye of the law to gain legal title to land which he has illegally possessed for 12 years.

To claim adverse possession of a piece of land, firstly (and probably unsurprisingly), you must have possession of the land. This possession must be 'adverse'. In this context, 'adverse ' refers to the original owner's title.

Proving adverse possession you have been in factual possession of the land for the required period (for which see below); you have the necessary intention to possess the land; and; your possession is adverse, ie without the title owner's consent, without force, and without secrecy.

Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.

An application can be made if certain common law and statutory requirements are met and so long as the adverse possessor has been in possession of the land for a sufficient period of time (usually 10 or 12 years).

What are the elements of adverse possession? actual entry, exclusive possession, open and notorious, hostile and adverse, continuous and interrupted.

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Kansas Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors - Squatters Rights