New York Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors - Squatters Rights

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Multi-State
Control #:
US-00527BG
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Word; 
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Description

This affidavit is an example of an affidavit that might be used in an abstract of land title. Such an abstract will set forth all important actions which are relevant to the title, such as filings of liens and encumbrances, any and all conveyances, transfers, and assignments, and other facts relevant to the claimant's title. An abstract of title will also note the status of liens and encumbrances, showing whether they have been released or not.


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.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Adverse possession in New York is governed by statute, but also by the courts. Importantly, the burden of proof to establish a claim of adverse possession is on the trespasser. The legal holder of title has the presumption of ownership until the adverse possessor can meet that burden.

New York courts have held that a person claiming title by adverse possession must prove, by clear and convincing evidence, that his or her possession has been: (1) hostile and under claim of right; (2) actual; (3) open and notorious; (4) exclusive; and (5) continuous.

New York courts have held that a person claiming title by adverse possession must prove, by clear and convincing evidence, that his or her possession has been: (1) hostile and under claim of right; (2) actual; (3) open and notorious; (4) exclusive; and (5) continuous.

Claiming adverse possession of registered landAfter 10 years in possession of a piece of registered land, you are entitled to apply to the Land Registry for Possessory Title of the land that you are occupying. If your possession can be proven, a successful application will mean that you become the 'owner' of the land.

As stated above, adverse possession generally takes ten years to take effect. However, walls encroaching over the property line by six inches or less, if the wall is part of a building, will accrue adverse possession much faster.

The possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner. It must start with a wrongful disposition of the rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period.

New York adverse possession laws require at least ten years of possession and payment of taxes throughout that period in order to be eligible for legal title.

Proving adverse possessionyou have the necessary intention to possess the land; and; your possession is adverse, ie without the title owner's consent, without force, and without secrecy.

Proving adverse possession you have been in factual possession of the land for the required period (for which see below); you have the necessary intention to possess the land; and; your possession is adverse, ie without the title owner's consent, without force, and without secrecy.

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New York Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors - Squatters Rights