Louisiana 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
Control #:
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

The law of Adverse Possession is contained in the Article 65 Sch-I of the Limitation Act, 1963 which prescribes a limitation of 12 years for a suit for possession of an immovable property or any interest therein based on title.

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.

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.

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.

How Do Squatters' Rights Work? Louisiana squatters' rights can affect real estate anywhere. The squatting rights in Louisiana, also known as adverse possession claim laws, are legal routes that a person can take to illegally vacate the land.

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 Laws in General In order encourage landowners to make beneficial use of their land, trespassers are allowed to gain legal title to property if they openly inhabit and improve the property for a specified amount of time.

Occupy the land continuously.If you took just title, then you must occupy the abandoned property for 10 continuous years.If you didn't take just title, then you must occupy the property for 30 continuous years.

The tax sale title does not automatically give the purchaser the right to use or possess the property. As a rule, a tax purchaser is entitled to immediate possession of the property; the purchaser can exercise possession of the property without any formalities only if he can do so without any resistance.

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