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. One adverse possessor may pass along continuous possession to another adverse possessor until the adverse possession period is complete. This is known as tacking.
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 Georgia Notice of Claim of Adverse Interest in Possessor of Real Property Who is Claiming through Other Adverse Predecessors — Squatters Rights is a legal document used by individuals who are asserting their rights as possessors of real property through adverse possession. This notice is crucial when someone believes they have a valid claim to the property they have been occupying, in spite of the fact that they do not have legal ownership or title. By submitting this notice, the possessor is officially informing any potential claimants, such as property owners or third parties, of their adverse interest and intent to stake a claim on the property. This type of claim is often referred to as "squatter's rights" or "adverse possession." The Georgia Notice of Claim of Adverse Interest in Possessor of Real Property Who is Claiming through Other Adverse Predecessors — Squatters Rights can vary depending on the specific circumstances. Some common types of notices include: 1. Simple Notice of Claim of Adverse Interest: This basic notice is used when a possessor is claiming adverse possession solely based on their own actions and occupation of the property. They are not claiming through any other adverse predecessors. 2. Notice of Claim of Adverse Interest through Multiple Adverse Predecessors: This type of notice is used when the possessor is claiming adverse possession through a chain of adverse predecessors who occupied the property before them. It outlines the timeline and names of each predecessor who allegedly established adverse possession rights. 3. Notice of Claim of Adverse Interest — Continuous Exclusive Possession: This notice focuses on proving that the possessor's occupation of the property has been continuous and exclusive for the required statutory period, usually between seven and twenty years, depending on the jurisdiction. 4. Notice of Claim of Adverse Interest — Open and Notorious Possession: This notice emphasizes that the possessor's occupation of the property has been open, visible, and without attempts to conceal or hide their use from the true owner or the public. 5. Notice of Claim of Adverse Interest — Hostile Possession: This notice asserts that the possessor's possession of the property has been hostile, meaning without the permission or consent of the true owner. It demonstrates that they are asserting claim over the property against the true owner's wishes. 6. Notice of Claim of Adverse Interest — Payment of Taxes and Improvements: This type of notice highlights that the possessor has been paying property taxes and making improvements to the property, further solidifying their claim of adverse possession. By utilizing the appropriate type of Georgia Notice of Claim of Adverse Interest, a possessor can effectively communicate their intent to assert adverse possession rights to any interested parties or potential claimants. It is essential to consult with a qualified legal professional to ensure compliance with Georgia's specific laws regarding adverse possession.
