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. This form is an affidavit refuting such claims.
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.
An Oregon Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner, commonly known as the "Squatters Rights" affidavit, is a legal document used in the state of Oregon to assert a claim of adverse possession. Adverse possession is a legal concept that allows individuals who have occupied and used someone else's property openly, continuously, and without permission for a certain period of time to potentially gain ownership rights. There are different types of Oregon Affidavits by Adverse Possessors that fall under the category of Squatters Rights, depending on the specific circumstances. These include: 1. Oregon Affidavit by Adverse Possessor (Residential Property): This type of affidavit is filed by an adverse possessor who has been living and claiming ownership of a residential property without the original owner's consent or knowledge. It asserts that all the legal requirements for adverse possession have been met, such as meeting the statutory period of continuous occupation, payment of property taxes, and making improvements. 2. Oregon Affidavit by Adverse Possessor (Vacant Land): This affidavit is used when an adverse possessor claims ownership of vacant land that has been used and maintained as their own without permission for the required statutory period. It asserts that the adverse possessor had exclusive control and made beneficial use of the land, treating it as their own. 3. Oregon Affidavit by Adverse Possessor (Commercial Property): Similar to the residential property affidavit, this type of affidavit is filed when an adverse possessor claims ownership of a commercial property. It asserts that the adverse possessor has occupied and used the property openly and continuously without permission, meeting all the legal requirements for adverse possession. In all these types of affidavits, the adverse possessor must provide evidence supporting their claim, such as photographs, witness statements, utility bills, property tax records, and any other relevant documents. The affidavit should also include a detailed description of how the property was used and the improvements made during the adverse possession period. It is important to note that filing an Oregon Affidavit by Adverse Possessor does not automatically grant ownership rights. The affidavit serves as a notice to the property owner and interested parties, giving them an opportunity to challenge the adverse possessor's claim. Legal proceedings may be required to determine the validity of the claim and ultimately transfer ownership if the court finds in favor of the adverse possessor.
