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. The establishment of title by adverse possession has been held to be based on the theory or presumption that the owner has abandoned the property to the adverse possessor.
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.
The Vermont Affidavit as to Apparent Abandonment of Real Property is a legal document used in establishing an adverse possession claim, also known as squatters' rights, in the state of Vermont. This affidavit serves as evidence to support the claim that a person has been occupying and using a piece of real property that appears to have been abandoned by its rightful owner. By filing this affidavit, the claimant aims to demonstrate their entitlement to legal ownership of the property through continuous, open, and notorious possession. There are two main types of Vermont affidavits commonly used to establish adverse possession claims: 1. Affidavit as to Apparent Abandonment: This affidavit is filed by the claimant to provide detailed information concerning their occupation and use of the allegedly abandoned property. It includes specific facts and dates, such as the period of exclusive possession, improvements made, maintenance performed, and activities showing the claimant's intent to treat the property as their own. 2. Notice of Claim of Adverse Possession: This affidavit is typically served to the record owner of the property, notifying them of the claimant's intent to assert adverse possession rights. It outlines the claimant's reasons for their belief that the property has been abandoned, their continuous possession, details of any improvements made, and their intention to acquire legal ownership through adverse possession. Keywords: Vermont, affidavit, apparent abandonment, real property, establishing, adverse possession claim, squatters' rights, legal document, evidence, right to occupy, ownership, continuous possession, notice, claim of adverse possession, record owner, intent, improvements, maintenance.
