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, etc., so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession.
This form is a sample notice that the possessor of the property is not holding it adversely to the true owner.
Illinois Notice to That Possession is not Adverse — Squatters Rights In the state of Illinois, there is a particular legal concept known as the Notice to That Possession is not Adverse — Squatters Rights. This serves as a crucial aspect of property laws and establishes the rights of individuals who may be occupying a property without the consent of the owner. Squatters rights, also referred to as adverse possession, can be applied in cases where individuals have been residing in a property without permission and have demonstrated continuous and uninterrupted possession for a specific period of time. However, Illinois law has specific provisions that distinguish its application from other jurisdictions. In Illinois, there are different types of notices related to possession not being adversarial: 1. Notice to That Possession is not Adverse: This notice informs the property owner that the current occupant's possession is not hostile or adverse to the owner's interests. It serves as a formal communication to claimants that their possession is not intended to adversely impact the legal ownership of the property. 2. Notice of Intent to Claim: This notice is often sent by individuals who wish to assert squatters rights. It informs the property owner of their intention to claim adverse possession rights over the property. This notice must be filed with the county recorder's office and should include specific details about the claimant's occupation, duration of possession, and open and notorious use of the property. 3. Notice of Non-Consensual Possession: This notice is used by property owners to communicate to individuals occupying their property without permission that their possession is not consensual or authorized. It asserts the owner's objection to the continued presence of the occupant and puts them on notice that legal action may be taken against them. It is essential to note that squatters rights should not be confused with rightful ownership or legal tenancy. Adverse possession requires meeting specific criteria set by the state law, such as continuous and uninterrupted possession for a specified number of years (typically 20 in Illinois) openly and notoriously, without the owner's consent. Property laws and the application of squatters rights can be complex, and seeking legal advice is highly recommended for both property owners and occupants.
