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.
Utah Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership from Previous Owner — Squatters Rights In Utah, an Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership from Previous Owner, also known as Squatters Rights, is a legal document used by individuals who have occupied a property without legal ownership or permission. This affidavit provides a detailed explanation of the adverse possessor's claim to the property and the basis of their title. Types of Utah Affidavits by Adverse Possessors: 1. Adverse Possession Affidavit: This affidavit is filed by an individual or entity who has physically possessed the property openly, notoriously, and continuously for a specified period of time without the owner's permission. The adverse possessor must meet certain legal requirements, such as occupying the property for at least seven years and paying property taxes. 2. Actual Possession Affidavit: This affidavit is filed when the adverse possessor has actual physical possession of the property and can demonstrate their exclusive control and use of the property. It may include evidence such as maintenance records, utility bills, and property improvements made by the possessor. 3. Color of Title Affidavit: This affidavit is filed when the adverse possessor can demonstrate a genuine belief that they have legal ownership of the property through a flawed or defective title transfer from the previous owner. The possessor may rely on documents, such as a flawed deed or an uncertain boundary description, to establish their claim. 4. Tacking Affidavit: This affidavit is used when the adverse possessor is claiming ownership of the property by "tacking" together consecutive periods of adverse possession by previous occupants. It allows the current possessor to add their period of possession to that of the previous occupants to meet the required statutory period. 5. Good Faith Affidavit: This affidavit is filed when the adverse possessor can genuinely prove their good faith belief that they were the legal owner of the property based on a grant of ownership from the previous owner. It may include evidence such as a recorded deed or other legal documents supporting the grant of ownership. In Utah, filing an Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership from Previous Owner — Squatters Rights is a complex legal process. It is essential to consult with a qualified attorney who specializes in real estate law to ensure compliance with the Utah Code and to protect your legal rights.
