Maricopa Arizona Affidavit as to Apparent Abandonment of Real Property to be used in Establishing Adverse Possession Claim - Squatters Rights

State:
Multi-State
County:
Maricopa
Control #:
US-01100BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

How to get rid of squatters: dos and don'ts Call the local police and file an official police report, the sooner the better.Serve the squatter with a formal eviction notice after you've filed a police report.File a lawsuit if the squatter refuses to leave.Remove any possessions left behind by the squatter.

What are squatters rights (and how can these be challenged)? Long term squatters can eventually become the registered owner of a property if they (or a succession of squatters) have occupied it continuously for 10 years (or 12 years if it is unregistered).

This means that if a squatter lives uninterruptedly in a property for over 12 years (15 in South Australia and Victoria) and against the wishes of the owner, the ownership of the property can be claimed by the squatter.

In California, it takes 5 years of continuous use or maintenance for a squatter to make an adverse possession claim (CCP § 318, 325). When a squatter claims adverse possession, they can gain ownership of the property legally.

Squatting is always defined as illegal, as it requires trespassing, which disqualifies you from gaining ownership of the property through adverse possession laws.

The State of Arizona holds unclaimed property as a custodian for the rightful owner. The state will return property to owners who provide proof showing their right to claim the property.

Adverse possession under NSW Squatting Laws In Queensland and NSW a squatter can apply for ownership if they have lived in a property without consent of a legal owner for 12 years.

In order to prove Adverse Possession, an application must be made on Affidavit to the Property Registration Authority under the Registration of Title Act, 1964. The applicant will usually contact the owners of the adjoining land to ask them whether they have any objections to the application.

In the state of New York, a squatter can make an adverse possession claim after the continuous occupation of a property for at least 10 years. (NPA § 501, et seq). If a squatter makes a legal claim to a property, they have permission to reside on the property and are no longer criminal trespassers.

Unlike some states that require two decades of occupation, Arizona permits a squatter to take possession after two years (under certain circumstances). Arizona's adverse possession laws require an individual to occupy an otherwise neglected property publicly for at least 2 years.

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Maricopa Arizona Affidavit as to Apparent Abandonment of Real Property to be used in Establishing Adverse Possession Claim - Squatters Rights