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.
Illinois Notice of Claim of Adverse Interest in Possessor of Real Property Who is Claiming through Other Adverse Predecessors — Squatters Rights In the state of Illinois, squatters may claim an adverse interest in real property by filing a Notice of Claim of Adverse Interest. This legal document enables individuals who are occupying a property without permission to assert ownership rights under certain circumstances, commonly known as squatters' rights. Key Elements of an Illinois Notice of Claim of Adverse Interest: 1. Identification of Claimant: The notice should clearly state the name, address, and contact information of the individual or group claiming adverse interest in the property. Each person in the chain of adverse possession predecessors should be identified, including their contact information if available. 2. Description of Property: The notice must include a detailed description of the real property in question, including its address, legal description, and any other distinguishing information. 3. Evidence of Adverse Possession: The claimant must outline the basis for their claim of adverse possession, providing a factual narrative that demonstrates continuous, visible, exclusive, and uninterrupted possession of the property for the required statutory period. This may include evidence of residency, maintenance, improvements made to the property, or any other relevant information. 4. Chain of Adverse Possession Predecessors: If the claimant is asserting rights acquired through previous adverse possessors, each individual in the chain should be clearly identified, along with their date of possession and any supporting documentation that establishes their adverse possession claim. 5. Declaration of Claim: The notice should contain a clear and unequivocal statement declaring the claimant's adverse interest in the property and their intent to pursue legal remedies to establish ownership rights. Types of Illinois Notice of Claim of Adverse Interest in Possessor of Real Property Who is Claiming through Other Adverse Predecessors — Squatters Rights: 1. Individual Squatter Claim: This type of claim is filed by a single person who is occupying a property without permission and is seeking to assert ownership rights based on adverse possession. 2. Group Squatter Claim: In some cases, multiple individuals may jointly occupy a property as squatters. They can collectively file a Notice of Claim of Adverse Interest, providing evidence of their shared adverse possession and intent to establish ownership rights. 3. Successive Squatter Claims: If the person claiming adverse interest acquired possession from a previous squatter, they may file a notice to assert their own rights while acknowledging the previous adverse possessor. 4. Adverse Possession Successions: In situations where the property has gone through multiple adverse possessors over time, each individual or group can file their own notice, creating a chain of adverse possession claims. Please note that the information provided here is for general guidance purposes and should not substitute legal advice. It's crucial to consult with an attorney familiar with Illinois real estate laws to understand the specific requirements and procedures involved in filing an Illinois Notice of Claim of Adverse Interest in Possessor of Real Property Who is Claiming through Other Adverse Predecessors — Squatters Rights.
