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. The establishment of title by adverse possession has been held to be based on the theory or presumption that the owner has abandoned the property to the adverse possessor.
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 New Hampshire Affidavit as to Apparent Abandonment of Real Property is a crucial legal document used to support an adverse possession claim, also known as "squatters' rights," in the state of New Hampshire. This affidavit helps individuals who have been living or using a property that they do not legally own but wish to claim ownership over due to abandonment by the rightful owner. When preparing a New Hampshire Affidavit as to Apparent Abandonment of Real Property, it is essential to include specific information to strengthen the adverse possession claim. Below are some relevant keywords and key points to consider when drafting this document: 1. Affine: Start by clearly identifying the person making the affidavit, referred to as the affine. Include their full legal name, address, contact details, and their relationship with the property (e.g., current resident or occupant). 2. Property Description: Accurately describe the property subject to the adverse possession claim. Include its full address, legal description (if available), and any additional identifying details, such as lot number or acreage. 3. Current and Previous Owners: Provide the name(s) and known contact information of the property's current and past owners, if known. This information helps establish that the property was abandoned by its rightful owner. 4. Duration of Possession: Specify the length of time that the affine has been in possession of the property. New Hampshire requires a continuous open, notorious, exclusive, and hostile possession for at least 20 years to establish adverse possession. Therefore, it is crucial to present evidence regarding the uninterrupted use and occupation of the property during this period. 5. Intention: Highlight the affine's intention to claim ownership of the property through adverse possession. Emphasize that their occupation and use of the property were without the owner's permission and that they were under the belief that the owner had abandoned the property. 6. Maintenance and Improvements: Detail any maintenance or improvements made to the property during possession. This may include regular repairs, renovations, or additions, which further demonstrate the affine's intent to claim ownership and invest in the property's upkeep. 7. Public Record Search: Explain any efforts made to search public records, such as registries or land deeds, to determine the property's official status. Describe the absence of any recorded claims of an adverse or better title to the property. 8. Notice to Owner: Summarize any attempts made to contact the current owner or their representatives regarding the affine's intent to claim adverse possession. Include details of sent correspondence (certified mail, return receipt requested) or any other evidence of attempted communication. 9. Witnesses and Supporting Documentation: If applicable, include the names, addresses, and contact information of witnesses who can testify to the affine's occupation and use of the property during the claimed period. Additionally, include any relevant supporting documentation, such as photographs, utility bills, tax payment records, or affidavits from neighbors, that further substantiate the adverse possession claim. It is worth noting that while the specific content may vary depending on the circumstances, property type, and available evidence, the above keywords and key points can bring clarity and effectiveness to a New Hampshire Affidavit as to Apparent Abandonment of Real Property for an adverse possession claim.
