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.
A New York Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely, also known as Squatters Rights, is a legal document used in New York State to support a claim of adverse possession. Adverse possession refers to the acquisition of ownership or title to real property by occupying and using it openly, continuously, and without permission from the legal owner for a specified period of time. The affidavit is filed by a third party who asserts their rights as an adverse possessor over a property that they have been occupying and using adversely. This document plays a crucial role in establishing their claim to the property and protecting their rights against potential eviction or legal challenges by the legal owner. The New York Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely must contain several key elements to strengthen the claim for adverse possession. These elements may include: 1. Introduction: The affidavit should start with the declaring's personal information, including their name, address, and contact details. It should also indicate their relationship to the property at issue, such as the length of occupancy and the nature of their possession. 2. Property Description: A detailed description of the property, including its address, boundaries, and any identifiable features, should be included. Maps, surveys, or other supporting documents can be attached if available. 3. Statement of Adverse Possession: The affidavit should outline how the declaring came into possession of the property and how they have used and occupied it openly and exclusively. This may include details such as living on the property, paying property taxes, making improvements, maintaining the premises, or any other acts that demonstrate exclusive and continuous possession. 4. Duration of Adverse Possession: The declaring must specify the length of time they have been in adverse possession of the property. In New York State, the required period is generally ten years for an unimproved property and twenty years for an improved property. 5. Non-Consent: It is crucial to establish that the occupant has been using and possessing the property without the owner's consent. This can be done by providing evidence of attempts to contact the legal owner, previous unsuccessful attempts to evict the adverse possessor, or any other actions indicating a lack of permission. Different types or variations of the New York Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely may exist depending on the specific circumstances. For example, there could be separate affidavits for residential or commercial properties, or for cases where improvements have been made to the property versus cases involving unimproved land. However, the basic elements mentioned above would generally remain consistent in all types of affidavits. It is important to note that adverse possession claims can be complex and involve various legal considerations. Seeking the guidance of an experienced real estate attorney is strongly recommended when preparing and filing a New York Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely — Squatters Rights, to ensure compliance with applicable laws and increase the chances of a successful claim.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
