Nebraska Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

State:
Multi-State
Control #:
US-02716BG
Format:
Word; 
Rich Text
Instant download

Description

A quiet title action is a civil lawsuit brought for the purpose of determining conflicting claims to real property. The action affects only those properties identified in the complaint. The action can target specific individuals who have or may claim an interest in the property (sometimes referred to as a quasi in rem proceeding); and it can sometimes be expanded to include all persons, known and unknown, who might have some interest in the property (an in rem action). A quiet title action, when properly conducted in accordance with statutory and constitu¬tional requirements, can resolve all claims and conflicts regarding the property in a single proceeding.


Most quiet title actions are based on adverse posses¬sion, in which the plaintiff alleges that he and his predecessors-in-interest have openly and notoriously claimed the property over a period of years and have paid the property taxes. Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In this case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a period of time. In Mississippi, the period of time is ten years. State statutes vary with regard to this period of time.


In addition to identifying adverse claimants, the plaintiff must undertake a diligent effort to give them notice of the action so that they can defend themselves. Since courts do not favor forfeitures of property interests, the plaintiff must satisfy both statutory and constitutional requirements for notice and due process. The best form of notice is personal service on the defendant(s). If a defendant cannot be served personally, states have enacted laws outlining the minimum procedures to be followed for constructive service of process on unknown or claimants that cannot be located. These minimum procedures may require mailing notice by certified mail, return receipt requested, to the last known address of a claimant; giving notice to the secretary of state for a defunct corporation; posting notice on the land; and publishing notice of the complaint in a local newspaper.

Free preview
  • Preview Complaint to Quiet Title by Adverse Possessor with Unknown Defendants
  • Preview Complaint to Quiet Title by Adverse Possessor with Unknown Defendants
  • Preview Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

Related forms

form-preview
Oklahoma Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

Oklahoma Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

View this form
form-preview
Oregon Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

Oregon Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

View this form
form-preview
Pennsylvania Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

Pennsylvania Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

View this form
form-preview
Rhode Island Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

Rhode Island Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

View this form
form-preview
South Carolina Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

South Carolina Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

View this form
form-preview
South Dakota Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

South Dakota Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

View this form
form-preview
Tennessee Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

Tennessee Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

View this form
form-preview
Texas Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

Texas Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

View this form
form-preview
Utah Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

Utah Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

View this form
form-preview
Vermont Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

Vermont Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

View this form

How to fill out Complaint To Quiet Title By Adverse Possessor With Unknown Defendants?

US Legal Forms - one of many biggest libraries of legal varieties in the United States - offers a variety of legal record templates you are able to acquire or print out. Utilizing the website, you can get a huge number of varieties for organization and specific reasons, sorted by categories, states, or keywords and phrases.You will discover the most up-to-date variations of varieties just like the Nebraska Complaint to Quiet Title by Adverse Possessor with Unknown Defendants within minutes.

If you already possess a subscription, log in and acquire Nebraska Complaint to Quiet Title by Adverse Possessor with Unknown Defendants in the US Legal Forms local library. The Obtain switch can look on every single kind you perspective. You have accessibility to all earlier acquired varieties from the My Forms tab of your own profile.

If you would like use US Legal Forms the first time, here are easy directions to obtain began:

  • Ensure you have chosen the right kind for your town/region. Select the Review switch to examine the form`s content material. See the kind description to actually have selected the correct kind.
  • When the kind doesn`t suit your needs, utilize the Search area at the top of the screen to find the one that does.
  • Should you be pleased with the shape, affirm your choice by clicking the Purchase now switch. Then, opt for the prices program you want and give your credentials to register for an profile.
  • Method the deal. Use your Visa or Mastercard or PayPal profile to perform the deal.
  • Choose the format and acquire the shape on your device.
  • Make alterations. Fill out, revise and print out and signal the acquired Nebraska Complaint to Quiet Title by Adverse Possessor with Unknown Defendants.

Every single format you added to your bank account lacks an expiry particular date and is your own property eternally. So, if you would like acquire or print out an additional backup, just proceed to the My Forms segment and click on on the kind you need.

Obtain access to the Nebraska Complaint to Quiet Title by Adverse Possessor with Unknown Defendants with US Legal Forms, the most substantial local library of legal record templates. Use a huge number of specialist and state-certain templates that satisfy your small business or specific requirements and needs.

Form popularity

FAQ

One who claims title by adverse possession must prove by a preponderance of the evidence that he has been in actual, continuous, exclusive, notorious, and adverse possession under claim of ownership for a full period of ten years.

An action for slander of title is based upon the false and malicious statement, oral or written, made in disparagement of a person's title to real or personal property, resulting in special damage.

One who claims title by adverse possession must prove by a preponderance of the evidence that he has been in actual, continuous, exclusive, notorious, and adverse possession under claim of ownership for a full period of ten years.

Alternatively, it is casting aspersion on someone else's property, business or goods, e.g., claiming a house is infested with termites (when it is not), or falsely claiming ownership of another's copyright (what allegedly occurred in the SCO v. Novell case). Slander of title is a form of jactitation.

25-207. Actions for trespass, conversion, other torts, and frauds; exceptions.

To prove libel or slander, the plaintiff must show that the defendant knowingly: Made a false statement of fact; Which caused financial or reputational harm for the plaintiff; and. Acted either negligently or with actual malice (depending on the circumstances of the case).

The Elements of Slander of Title The defendant published a statement about the plaintiff's property. The statement was untrue. The defendant knew or should have known the statement was untrue. The statement was of a disparaging nature that could foreseeably impair the value of the property in the estimation of others.

A person commits a Class IV felony if he or she (1) forges any certificate of title or manufacturer's or importer's certificate to a vehicle, any assignment of either certificate, or any cancellation of any lien on a vehicle, (2) holds or uses such certificate, assignment, or cancellation knowing the same to have been ...

Trusted and secure by over 3 million people of the world’s leading companies

Nebraska Complaint to Quiet Title by Adverse Possessor with Unknown Defendants