Adverse Possession is the legal term to describe a situation whereby a person possessing a certain property for an extended period, but without legal title or claim to it, may nevertheless obtain legal rights to the property. Adverse Possession rights are extremely difficult to prove up. Contrary to popular myths, it takes more than just fencing in a property for a few years to be able to claim ownership. One must take into consideration many factors, including whether the possession was open, notorious, and adverse to the true owner’s rights. It also makes a difference as to who has paid property taxes during the period of possession. Nonetheless, this affidavit constitutes sworn testimony as to the facts of the possessor’s possession and claim of right.
Documents to be prepared for you: “Follow-Through” Instructions, Adverse Possession Affidavit.