Massachusetts Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights

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Description

Lis pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or financiers is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder.


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.


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.

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FAQ

Title by adverse possession can be acquired only by proof of nonpermissive use which is actual, open, notorious, exclusive, and adverse for twenty years.

A lis pendens is an essential tool that provides notice of pending litigation involving a claim that affects title to real estate. It allows for a fair and transparent legal process by ensuring that potential buyers are aware of any pending litigation and the potential implications for title to the real estate.

A quiet title action occurs when one property claimant challenges one or more other people in a court of law for the purpose of determining who is the rightful legal owner of the property in question.

Adverse possession commonly occurs in a scenario where property owners do not know ?who owns what.? An adverse possession claim can often arise when a property owner sincerely believes that the driveway, parking lot, or water access is their own and uses it that way for the required twenty-year period.

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.

Quiet title is a legal action used to resolved real estate disputes. This action asks a court to issue an order resolving a property issue. This can be highly effective in determining one's rights in property.

This means that the only way to remove a squatter (in most cities in the state) is to start a civil eviction claim. In other words, you would have to evict the squatter as if you were going to evict a regular tenant. However, if the land or property is part of the Boston Housing Authority, there could be an exception.

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Massachusetts Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights