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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

An application for adverse possession is made to the Property Registration Authority. A long and detailed document must be prepared setting out the history of the adverse possession and showing indisputable evidence that the Squatter is now entitled to the property.

In NSW, adverse possession may be claimed by an encroaching owner if they have occupied the encroached land for 12 years or more and have satisfied the requirements under the RP Act. However, this is a very technical area of law and care must be taken to understand your rights.

Have been in factual possession of the land for the requisite limitation period (see below); have the necessary intention to possess and; been in possession without the paper title owner's consent (and been so for the requisite limitation period)

In order to claim adverse possession, there are basic tests you have to meet. You have to prove that your use was open, notorious, hostile, actual, exclusive and continuous.Proving adverse possession is not easy, and you have to go to court to get a judge to rule.

Open and Notorious. The person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious. Exclusive. Hostile. Statutory Period. Continuous and Uninterrupted.

These protections are not valid if the possession of the property is done in secret. California adverse possession laws require at least five years of possession and payment of taxes throughout that period in order to be eligible for legal title.

Property held by the federal government, a state, or a MUNICIPAL CORPORATION cannot be taken by adverse possession. As long as the property has a public use, as with a highway or school property, its ownership cannot be lost through adverse possession.

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