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, etc., so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession.
This form is a sample affidavit from the lessee of the subject property that said lessee is not holding it adversely to the true owner (the lessor).
Maryland Affidavit by Tenant Disclaiming Title to Remove Threat of Adverse Possession — Squatters Rights is a legal document used when a tenant wants to disclaim any ownership rights or interest in a property to prevent potential adverse possession claims. Adverse possession refers to the legal principle where someone can gain ownership rights to a property through continuous and unauthorized occupation. In Maryland, there are variations of this affidavit based on specific circumstances and situations. Here are different types of Maryland Affidavit by Tenant Disclaiming Title to Remove Threat of Adverse Possession — Squatters Rights: 1. Residential Rental: This affidavit is commonly used by residential tenants who want to clarify that their occupation of a property is strictly under a lease agreement and not for the purpose of claiming ownership rights through adverse possession. 2. Commercial Lease: This variant of the affidavit is designed for tenants occupying commercial properties, such as office spaces, retail stores, or industrial premises. It enables tenants to disclaim any prospective claims of adverse possession and protects the property owner's title. 3. Vacant Land Lease: When tenants lease vacant land in Maryland, they can utilize this affidavit to disclaim any intentions of acquiring ownership through adverse possession while renting and occupying the land. 4. Shared Space Rental: In cases where the tenant is sharing a property or part of a property with the owner or other tenants, this type of affidavit serves to clarify the tenant's position and ensures that adverse possession claims do not arise. 5. Seasonal or Vacation Rental: Affidavits for seasonal or vacation rentals confirm that the tenant's occupation is temporary and exclusive to the agreed-upon period, thereby eliminating any possibility of adverse possession claims. 6. Month-to-Month Rental: This affidavit addresses situations where the tenant is on a month-to-month tenancy agreement. It assures the property owner that the tenant's presence is temporary and prevents any adverse possession claims based on continuous occupancy. 7. Single-Family Home Lease: This specific affidavit applies to tenants leasing single-family homes, reaffirming that their tenancy is purely rental-based and not an attempt to acquire ownership rights by fulfilling the requirements of adverse possession. 8. Multi-Unit Property Lease: For tenants in multi-unit properties, such as apartment complexes or townhouses, this affidavit disclaims any adverse possession claims and establishes that the tenant's occupation is solely by virtue of a lease agreement. These Maryland Affidavit by Tenant Disclaiming Title to Remove Threat of Adverse Possession — Squatters Rights variations are vital legal tools that protect the property owner's interests and ensure clarity in tenant-landlord relationships, leaving no room for adverse possession claims.