Illinois Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors - Squatters Rights

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Multi-State
Control #:
US-00527BG
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Word; 
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Description

This affidavit is an example of an affidavit that might be used in an abstract of land title. Such an abstract will set forth all important actions which are relevant to the title, such as filings of liens and encumbrances, any and all conveyances, transfers, and assignments, and other facts relevant to the claimant's title. An abstract of title will also note the status of liens and encumbrances, showing whether they have been released or not.


Neighbors may testify that the adverse claimant occupied the land for a certain period of time. Affidavits may prove useful to the adverse claimant by establishing the claim as being adverse to that of any other persons.


This form is a generic example that may be referred to when preparing such a form for your particular state. It 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

Illinois adverse possession laws require claimants to occupy a given property for at least 20 years and either "color or title" or payment of property taxes for seven of those years.

Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.

Illinois Requirements for Adverse Possession hostile (against the right of the true owner and without permission) actual (exercising control over the property) exclusive (in the possession of the trespasser alone)More items...

Proving adverse possessionyou have the necessary intention to possess the land; and; your possession is adverse, ie without the title owner's consent, without force, and without secrecy.

A typical adverse possession statute requires that the following elements be met:Open and Notorious. The person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious.Exclusive.Hostile.Statutory Period.Continuous and Uninterrupted.

The possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner. It must start with a wrongful disposition of the rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period.

Proving adverse possession you have been in factual possession of the land for the required period (for which see below); you have the necessary intention to possess the land; and; your possession is adverse, ie without the title owner's consent, without force, and without secrecy.

The legal requirements to get title by adverse possession are "open notorious hostile exclusive and continuous use" plus payment of the property taxes for the required number of years in the state where the realty is located. California has the shortest adverse possession time of just five years.

Ann. 5/13-109, a court can award title to a trespasser who has a deed indicating ownership of the land (even if the deed is defective or mistaken) and that trespasser has paid proper property taxes on the land for seven consecutive years.

Such a nasty fiction. So much for hoary legal proverbs about possession being nine-tenths of the law, and one's home being one's castle and such? Well, it's not law as of now. Woodstock is promoting a call by Housing Action Illinois for people to write in and object.

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Illinois Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely Through Successive Adverse Possessors - Squatters Rights