Washington Affidavit of Possession by Tenant to Prevent Adverse Possession

State:
Multi-State
Control #:
US-OG-014
Format:
Word; 
Rich Text
Instant download

Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). This Affidavit states facts concerning a tenants use of the land. It serves as evidence that the tenant makes no claim to ownership in the lands it describes, and the owner is in possession of the lands.

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FAQ

Washington's Requirements for Adverse Possession A trespasser's possession must be: hostile (against the right of the true owner and without actual permission) actual (exercising control over the property) exclusive (in the possession of the trespasser alone, not shared with others)

Objecting to adverse possession claims In the event an individual applies to the Land Registry to register their ownership to land or property, the registered proprietor has 65 days in which to make an objection which involves sending a counter notice to the Land Registry under the Land Registration Act.

"It cannot be disputed that a person in possession of land in the assumed character of owner and exercising peaceably the ordinary rights of ownership has a perfectly good title against all the world but the rightful owner.

Adverse possession requires factual possession of the land, with the necessary intention to possess and without the owner's consent.

Under Washington State law, an adverse possessor can only claim right to the property after 10 years of use and possession. If the possessor is paying the property taxes on that piece of land, the time period can be reduced to 7 years. Display continuous and uninterrupted use.

How many years to claim adverse possession. The Land Registry Act 2002 (LRA) introduced the principle that when registered land is involved - i.e. that which has been added to the Land Registry - a person can seek to acquire the title of possession after 10 years of exclusive occupation.

Under the legal doctrine of "adverse possession," also referred to as "squatter's rights," an individual who openly inhabits an otherwise neglected piece of real estate and improves it is eligible for title after a certain period of time.

Display continuous and uninterrupted use. That means the possessor cannot share possession with anyone else or give up use of the property, return to it later, and then count the time that property was abandoned as part of the continuous time period.

Adverse possession is a legal doctrine that allows a person to claim a property right in land owned by another. Common examples of adverse possession include continuous use of a private road or driveway, or agricultural development of an unused parcel of land.

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Washington Affidavit of Possession by Tenant to Prevent Adverse Possession