Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In such a case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a certain period of time.
This form is a generic example of a complaint to quiet title by a person claiming adverse possession. This form may be referred to when preparing such a pleading for your particular state, although such a complaint must be tailored to the law of the state where the action is to be filed.
Title: Arkansas Complaint to Quiet Title by Person Claiming Adverse Possession — Squatters' Rights Explained Introduction: In Arkansas, individuals may file a Complaint to Quiet Title by Person Claiming Adverse Possession — commonly referred to as Squatters' Rights — to establish legal ownership of a property they have occupied without permission for a certain period. This article aims to provide a detailed description of the process, requirements, and potential types of complaints related to this legal action. What is a Complaint to Quiet Title by Person Claiming Adverse Possession? A Complaint to Quiet Title by Person Claiming Adverse Possession is a legal motion filed by an individual who asserts continuous and uninterrupted possession of a property for a designated period, typically under a claim of right or color of title. The goal is to obtain legal recognition as the rightful owner, effectively extinguishing all previous claims and encumbrances. Requirements for Filing the Complaint: 1. Adverse Possession: The claimant must demonstrate that they have been in open, notorious, exclusive, and continuous possession of the property for a specific period, usually seven years in Arkansas. 2. Color of Title or Claim of Right: The claimant must show either an apparent title or a belief in good faith that they have a rightful claim to the property or are acting under a document that appears valid. 3. No Trespasser Intent: The possession must not have been acquired through willful and deliberate trespassing. 4. Payment of Property Taxes: The claimant must have paid any applicable property taxes during the adverse possession period. Types of Arkansas Complaints to Quiet Title by Person Claiming Adverse Possession: 1. Complaint to Quiet Title with Color of Title: This complaint is filed by a person who possesses a document that appears valid but may have some defects or issues concerning the title's transfer. The claimant seeks to resolve these problems through the quiet title process. 2. Complaint to Quiet Title by Oral Claim: In some cases, individuals may possess a property without any written evidence or color of title. This complaint is filed to establish ownership based on an oral claim and proving adverse possession through other means, such as witnesses, records, or improvements made on the property. 3. Complaint to Quiet Title for Vacant or Abandoned Property: When someone occupies a vacant or abandoned property, they can file a complaint to quiet title to obtain legal recognition of their adverse possession claim. This type of complaint requires additional proof of the property's abandonment status. 4. Complaint to Quiet Title — Hostile or Aggressive Adverse Possession: In rare cases, a claimant may demonstrate their adverse possession through hostile actions, such as fencing, prohibiting access to the true owner, or exercising complete control over the property. Conclusion: When filing a Complaint to Quiet Title by Person Claiming Adverse Possession — Squatters' Rights in Arkansas, it is crucial to fulfill all necessary legal requirements and choose the appropriate type of complaint that aligns with the circumstances of the possession. Seeking professional legal advice is strongly recommended navigating this potentially complex legal process.
