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 notice is a counter to the possession.
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.
Missouri Notice by Landowner to Prevent Acquisition of Title by Adverse Possession — Squatters Rights is a legal document used by landowners in Missouri to protect their property from being claimed through adverse possession, commonly known as squatters rights. Adverse possession allows someone to gain ownership of a property if they occupy it openly, continuously, and without the owner's permission for a specified period (typically 10 years in Missouri). This notice serves as a preventative measure, informing potential adverse possessors that the landowner explicitly denies permission to occupy the property and will take legal action to protect their ownership rights. It is an essential tool for landowners to assert their rights and safeguard their property against trespassers or unauthorized occupants. By serving this notice, landowners can effectively establish their intent to retain possession and demonstrate their awareness and proactive approach to safeguarding their property rights. The notice should include relevant details such as the landowner's name and contact information, the property's description or address, and a clear statement denying permission for adverse possession. Types of Missouri Notice by Landowner to Prevent Acquisition of Title by Adverse Possession — Squatters Rights: 1. Basic Notice: This type of notice contains the essential information required by law, including the landowner's details, property description, and unequivocal denial of permission for adverse possession. It is suitable for landowners who want to convey a straightforward message to potential adverse possessors. 2. Enhanced Notice: This notice goes beyond the basic requirements and includes additional details intended to reinforce the landowner's intent to prevent adverse possession. It may contain language referencing relevant state statutes, potential legal consequences for trespassers, and any additional actions the landowner has taken to protect the property (e.g., posting signs, securing fencing). 3. Notice with Legal Advice: Some landowners may prefer to include specific legal advice within the notice to emphasize the seriousness of their intent and educate potential adverse possessors about the legal consequences they may face. This type of notice may include references to relevant case law, statutes, or guidelines, reinforcing the landowner's commitment to defending their property rights. Regardless of the type used, it is crucial for landowners to serve this notice following the appropriate legal procedures and documentation. Consulting with a Missouri real estate attorney can ensure the notice complies with state laws and effectively protects the landowner's rights against adverse possession claims.
