New Mexico Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights

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US-00938BG
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Description

Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In such a 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 certain period of time.


This form is a generic example of a complaint to quiet title by a person claiming adverse possession. This form may be referred to when preparing such a pleading for your particular state, although such a complaint must be tailored to the law of the state where the action is to be filed.

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FAQ

Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.

Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.

Identify and mark your property boundaries. Inspect your land regularly for signs of trespassers. You may want to use ?no trespassing? signs and block entrances with gates. Although many states will not find a ?no trespassing? sign sufficient to prevent an adverse possession claim, it's a good way to deter trespassers.

Filing a Quiet Title Action in New Mexico Quiet title actions are filed in the district court for the county in which the real property in question is located. The party seeking to quiet title (plaintiff) files a complaint describing the premises and the extent and nature of the plaintiff's interest in it.

A squatter may gain adverse possession of the property through involuntary transfer. A property owner who does not use or inspect their property for several years could lose the title to another person who makes a claim to the land, takes possession of the land, and uses the land.

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New Mexico Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights