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.
A Tennessee Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely, commonly known as Squatters Rights, refers to the legal process through which an individual or entity can claim ownership of a property based on continuous and uninterrupted possession, even if they do not have legal title or ownership rights. This affidavit serves as a written declaration, supporting the adverse possessor's claim, and is submitted to the Tennessee court system. When filing an Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely, there are different types that can be utilized depending on the specific circumstances: 1. Adverse Possession: This type of affidavit is filed by an individual or entity who has occupied a property without the owner's consent, openly and notoriously, for an extended period of time, typically between 7 and 20 years. To prove adverse possession, the claimant must demonstrate continuous possession, exclusivity, and use of the property. 2. Color of Title: In situations where the adverse possessor possesses a defective title, such as an erroneous or incomplete title document, they can file a Color of Title affidavit. This affidavit asserts a claim to the property based on their possession and the flawed title document. 3. FEDIS Possession: This affidavit is filed by an adverse possessor who can demonstrate uninterrupted possession of the property for a specific period, usually 20 years, without any reliance on a previous adverse possessor or Color of Title. 4. Disability Tolling: In certain cases, when the property owner is legally incapacitated either due to age, mental illness, or other factors, the adverse possessor may file a Disability Tolling affidavit. This affidavit suspends the statutory period of adverse possession until the property owner's disability is removed. 5. Tacking: When an adverse possessor transfers their possession rights to another individual or entity, they can apply for a Tacking affidavit. This allows subsequent adverse possessors to combine their periods of occupation, even if they were not in continuous possession, to reach the required statutory period. It is important to note that these affidavits should be prepared and filed according to the specific guidelines set forth by the Tennessee court system. Consulting with an experienced attorney is highly recommended ensuring compliance with the legal requirements and maximize the chances of a successful adverse possession claim.
