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 Massachusetts Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner, commonly known as a "Squatters Rights Affidavit," is a legal document used to establish a claim to a property that has been occupied and possessed openly, continuously, and exclusively by an adverse possessor. In Massachusetts, there are two main types of this affidavit that can be filed: 1. Standard Squatters Rights Affidavit: This type of affidavit is filed when an individual seeks to claim ownership of a property based on adverse possession rights. Adverse possession refers to the legal concept that allows someone who has openly occupied and possessed a property continuously for a specific period of time (typically 20 years in Massachusetts) to acquire the title to that property. The affidavit will state the details of the adverse possessor's possession, including the start date, extent of control, and the adverse possessor's belief of true ownership based on a grant of ownership from a previous owner. 2. Squatter Rights Affidavit with Grant of Ownership: This type of affidavit is filed when the adverse possessor's claim of title is specifically based on a grant of ownership received from a previous owner. It provides additional evidence to support the claim by indicating that the adverse possessor received permission from the previous owner to occupy and possess the property. The affidavit will include details such as the date of the grant, its terms, and any supporting documentation, such as a written agreement or deed. In both types of affidavits, the adverse possessor must provide a detailed description of the property, including its legal description, location, and boundaries. The affidavit should also contain the adverse possessor's name, contact information, and a statement affirming the truthfulness of the information provided. It is important to note that filing a Squatters Rights Affidavit does not automatically grant ownership of the property to the adverse possessor. It is a legal assertion of the adverse possessor's claim, and it is subject to review by the court. The court will consider various factors, such as the length and nature of possession, the intentions of the parties involved, and any challenges to the claim, before making a determination of ownership. In conclusion, a Massachusetts Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner, also known as a "Squatters Rights Affidavit," is a legal document used to establish ownership of a property through adverse possession. There are two main types of this affidavit: the standard Squatters Rights Affidavit and the Squatters Rights Affidavit with Grant of Ownership. The affidavits require detailed information about the property, adverse possession, and any grant of ownership received from the previous owner. However, filing the affidavit does not guarantee ownership and is subject to court review.
