Lis pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or financiers is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder.
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.
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.
New Mexico Notice of Li's Pendent in Action to Quiet Title by Person Claiming Title by Adverse Possession — Squatters Rights can be a complex legal process. The following description provides a detailed overview of this legal action, explaining the different types of notices and the specific rights of individuals claiming adverse possession in New Mexico. In New Mexico, a Notice of Li's Pendent is a legal document filed with the county recorder's office by a person claiming adverse possession of a property. Adverse possession refers to a legal principle where a person can acquire ownership rights to a property when they have openly and exclusively occupied and maintained the property for a certain period without objection from the true owner. There are several types of New Mexico Notice of Li's Pendent in Action to Quiet Title by Person Claiming Title by Adverse Possession — Squatters Rights, each describing a specific stage or purpose of the legal action. These types include: 1. Initial Filing: This is the first step in the process, where the squatter files a Notice of Li's Pendent with the county recorder to notify the public and the true owner that they are claiming adverse possession rights to the property. This initiates the legal action and puts the true owner on notice that their ownership rights may be contested. 2. Summons and Complaint: After filing the initial notice, the squatter must serve a summons and complaint to the true owner, informing them of the adverse possession claim. The complaint outlines the squatter's legal basis for the claim, including the necessary elements such as open and continuous possession, payment of property taxes, and exclusion of the true owner. 3. Li's Pendent Notice: Once the summons and complaint have been served, a Li's Pendent Notice is filed with the county recorder's office. This notice alerts any potential buyers or interested parties that there is a pending legal action challenging the title of the property. It serves to protect the squatter's interests in case the property is sold while the case is ongoing. 4. Court Proceedings: The legal action progresses with court proceedings, including hearings, discovery, and potentially a trial. The court will evaluate the evidence presented by both the squatter and the true owner to determine if the adverse possession claim is valid. Factors such as the length and continuity of possession, good faith belief of ownership, and the true owner's lack of active defense may be considered. 5. Final Judgment and Title Quiet: If the court determines that the squatter has satisfied all the requirements for adverse possession under New Mexico law, a final judgment may be issued in their favor. This judgment effectively quiets the title, meaning that the squatter becomes the legal owner of the property, extinguishing the true owner's rights. It is important to note that squatters' rights and adverse possession laws vary by jurisdiction. Therefore, consulting with a qualified real estate attorney experienced in New Mexico property laws is crucial for individuals considering or dealing with adverse possession claims in the state.
