Massachusetts 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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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

Adverse possession is granted when one person makes open and notorious use of another person's property for a period of 20 or more continuous years. The common law of Massachusetts states that the use of the property must have been open, notorious, adverse, and exclusive for those 20 years.

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.

Foremost among these is proving you have had factual possession of the land and that you had the intention to possess said land. There must be a sufficient degree of exclusive physical control over the land and it is generally considered to show such control you must exclude all others.

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.

Your possession must be adverse to the owner's claim, in other words without the owner's consent. If the owner has given permission for you to be on the property you can't claim the property adversely. Property registered through the land court can not be adversely possessed.

What is Adverse Possession?They are the only possessor and have physically entered the property.Possession is open and notorious.They must possess the land without the owner's consent.They must possess the property in question continuously for the 20-year period.

2. The applicant must show that they intended to possess the land during this period. One of the most effective ways of demonstrating an intention to possess land is through the erection of fencing.

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.

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.

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