Neighbors may testify that the adverse claimant occupied the land for a certain period of time. Affidavits may prove useful to the adverse claimant by establishing the claim as being adverse to that of any other persons.
New Mexico Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely — Squatters Rights In the state of New Mexico, an affidavit in support of adverse possessor by a third party that property held adversely, commonly known as squatters rights, allows individuals to make a legal claim to property that they have occupied, possessed, and maintained for a significant period of time without the actual owner's permission. This affidavit serves as a crucial document for adverse possessors seeking ownership rights over the property they have been using. Types of New Mexico Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely: 1. Residential Squatters Rights Affidavit: This type of affidavit is applicable to residential properties where individuals have occupied and maintained the property without the owner's knowledge or permission. By submitting this affidavit, adverse possessors assert their rights to obtain legal ownership of the dwelling they have been residing in. 2. Commercial Squatters Rights Affidavit: This affidavit is specifically designed for adverse possessors who have used and occupied commercial properties, such as office buildings, retail spaces, or warehouses, without the owner's consent. It enables commercial squatters to assert their claim to ownership and possibly exercise control over businesses established on the premises. 3. Vacant Land Squatters Rights Affidavit: Individuals who have occupied and improved vacant land without the knowledge or consent of the rightful owner can utilize this type of affidavit. The affidavit helps adverse possessors establish their right to possess, use, and ultimately own the vacant land they have been utilizing. Key Elements of the New Mexico Affidavit in Support of Adverse Possessor: 1. Personal Information: The affidavit includes personal details of the adverse possessor, including their full name, address, contact information, and any additional identifying information required by the specific court or agency. 2. Property Description: A thorough and precise description of the property in question is included in the affidavit. This includes the property's address, legal description, boundaries, and any other pertinent information that aids in identifying the location accurately. 3. Period of Adverse Possession: The adverse possessor must provide detailed evidence of the uninterrupted and exclusive occupation of the property, including the start date and the duration of their continuous possession. This information helps establish the period necessary for adverse possession claims. 4. Improvements and Maintenance: The affidavit should outline any improvements made to the property by the adverse possessor during their occupation. This may include construction, repair, or maintenance activities that demonstrate responsible use of the property. 5. Intent to Possess: Adverse possessors must demonstrate their intention to possess and claim ownership over the property in question. This can be shown through actions such as paying property taxes, maintaining utility bills, and making improvements. 6. Supporting Evidence: The affidavit must include supporting documentation, such as photographs, utility bills, property tax receipts, or any other relevant evidence, that validates the adverse possessor's claim of exclusive and continuous possession. Submitting the New Mexico Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely is a crucial step in the legal process of obtaining ownership rights. However, it is important to consult with a qualified attorney who specializes in real estate law to ensure compliance with New Mexico's specific regulations and requirements.
