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.
Nebraska Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner — Squatters Rights In Nebraska, an Affidavit by Adverse Possessor is a legal document used by individuals who have been in possession of a property without the permission of the owner. This affidavit serves as a declaration of the adverse possessor's claim of ownership based on grant of ownership from a previous owner. This claim is often made under the doctrine of squatters' rights, which allows someone who has occupied a property for a certain period of time to potentially gain legal ownership. The Nebraska Affidavit by Adverse Possessor contains detailed information about the adverse possessor's claim, including the property's legal description, duration of adversarial possession, and evidence supporting their claim of ownership. This affidavit acts as a formal statement to assert their right to the property and serves as official documentation for legal proceedings. There are different types of Nebraska Affidavit by Adverse Possessor, categorized based on specific circumstances and related claims: 1. Nebraska Affidavit by Adverse Possessor — Ordinary claim: This type of affidavit is used when an individual has been in continuous and exclusive possession of a property without the owner's permission for a specific period, usually ranging from 10 to 20 years. The adverse possessor must provide evidence of their possession and the intention to claim ownership. 2. Nebraska Affidavit by Adverse Possessor — Color of title claim: If the adverse possessor possesses the property under a claim of ownership based on a defective or incomplete legal document, known as "color of title," they can file this type of affidavit. Color of title refers to documents that appear to grant ownership but are ultimately flawed. The affidavit must include the details of the defective document and demonstrate how the adverse possessor relied on it to claim ownership. 3. Nebraska Affidavit by Adverse Possessor — Good faith claim: This affidavit is utilized when the adverse possessor believed in good faith that they had a legitimate claim to the property. They may have relied on faulty legal advice or a mistaken understanding of their rights. The affidavit must describe the adverse possessor's belief and the circumstances of their claim. It is important to note that filing an Affidavit by Adverse Possessor does not guarantee immediate ownership. The claim will be subject to legal proceedings, and the adverse possessor must provide substantial evidence and comply with all legal requirements to prove their entitlement to the property. Consulting with an experienced real estate attorney is highly advisable when pursuing a claim under squatters' rights or adverse possession in Nebraska.
