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Notice of Lis Pendens in Action to Quiet Title by Person Claiming...

Wake North Carolina Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights

Category:

Real Estate - Lis Pendens

State:

Multi-State

County:

Wake

Control #:

US-01097BG

Format:

Instant download

Description

Lis pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or financiers is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder.

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.

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.

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FAQ

For assistance with a quiet title action in Cook County and the rest of Illinois, call the Auricchio Law Offices at 312-263-0010.

Requirements for Adverse Possession in North Carolina North Carolina requires that trespassers use the land openly and publicly in order to make a claim. This gives the actual owner the opportunity to see the trespassers use, and tell the trespasser to leave if the owner is actually using the land.

In North Carolina, to acquire title to land by adverse possession, the claimant must show actual, open, hostile, exclusive, and continuous possession of the land claimed for the prescriptive period under known and visible lines and boundaries.

What is a a quiet title action? A special legal proceeding to determine ownership of real property. A party with a claim of ownership to land can file an action to quiet title, which serves as a sort of lawsuit against anyone and everyone else who has a claim to the land.

North Carolina Will Grant Adverse Possession After Seven Years Under Color of Title. Generally, N.C. Gen. Stat. § 1-40 dictates that the possessor must have exclusive possession for 20 years in order to establish adverse possession.

A state statute, N.C.G.S. § 41-10, governs quiet title actions. Generally, the law states that an individual may file an action against another who claims an estate or interest in real property adverse to the plaintiff. In the action, the court resolves the adverse claims.

An action for quieting of title is a remedy that determines the respective rights of conflicting claimants to a parcel of land in order to dissipate every cloud of doubt over the property and to stop the one who has no right over it from disturbing the real owner.

The elements of a claim to Quiet Title are that 1) the party bringing the action possesses true title to the property, and 2) the title must be superior to other claimants.

North Carolina Will Grant Adverse Possession After Seven Years Under Color of Title. Generally, N.C. Gen. Stat. § 1-40 dictates that the possessor must have exclusive possession for 20 years in order to establish adverse possession.

A party filing a quiet title action allows the court to determine proper ownership. By filing an action to quiet title, the owner is seeking to "quiet" everyone else's claim to his property by having the court establish ownership once and for all.

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