New Hampshire Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

State:
Multi-State
Control #:
US-02716BG
Format:
Word; 
Rich Text
Instant download

Description

A quiet title action is a civil lawsuit brought for the purpose of determining conflicting claims to real property. The action affects only those properties identified in the complaint. The action can target specific individuals who have or may claim an interest in the property (sometimes referred to as a quasi in rem proceeding); and it can sometimes be expanded to include all persons, known and unknown, who might have some interest in the property (an in rem action). A quiet title action, when properly conducted in accordance with statutory and constitu¬tional requirements, can resolve all claims and conflicts regarding the property in a single proceeding.


Most quiet title actions are based on adverse posses¬sion, in which the plaintiff alleges that he and his predecessors-in-interest have openly and notoriously claimed the property over a period of years and have paid the property taxes. Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In this 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 period of time. In Mississippi, the period of time is ten years. State statutes vary with regard to this period of time.


In addition to identifying adverse claimants, the plaintiff must undertake a diligent effort to give them notice of the action so that they can defend themselves. Since courts do not favor forfeitures of property interests, the plaintiff must satisfy both statutory and constitutional requirements for notice and due process. The best form of notice is personal service on the defendant(s). If a defendant cannot be served personally, states have enacted laws outlining the minimum procedures to be followed for constructive service of process on unknown or claimants that cannot be located. These minimum procedures may require mailing notice by certified mail, return receipt requested, to the last known address of a claimant; giving notice to the secretary of state for a defunct corporation; posting notice on the land; and publishing notice of the complaint in a local newspaper.

Free preview
  • Preview Complaint to Quiet Title by Adverse Possessor with Unknown Defendants
  • Preview Complaint to Quiet Title by Adverse Possessor with Unknown Defendants
  • Preview Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

Related forms

form-preview
Arizona Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

Arizona Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

View this form
form-preview
Arkansas Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

Arkansas Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

View this form
form-preview
California Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

California Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

View this form
form-preview
Colorado Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

Colorado Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

View this form
form-preview
Connecticut Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

Connecticut Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

View this form
form-preview
Delaware Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

Delaware Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

View this form
form-preview
District of Columbia Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

District of Columbia Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

View this form
form-preview
Florida Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

Florida Nonqualified Deferred Compensation Trust for the Benefit of Executive Employees - a Rabbi Trust

View this form

How to fill out Complaint To Quiet Title By Adverse Possessor With Unknown Defendants?

You may devote hours on-line attempting to find the authorized papers web template that meets the federal and state specifications you need. US Legal Forms gives a huge number of authorized forms that happen to be analyzed by specialists. You can easily download or print the New Hampshire Complaint to Quiet Title by Adverse Possessor with Unknown Defendants from the assistance.

If you already possess a US Legal Forms profile, you are able to log in and then click the Obtain button. Next, you are able to full, edit, print, or sign the New Hampshire Complaint to Quiet Title by Adverse Possessor with Unknown Defendants. Each authorized papers web template you get is your own property permanently. To get another backup for any bought form, visit the My Forms tab and then click the corresponding button.

If you are using the US Legal Forms web site initially, adhere to the simple directions listed below:

  • Initial, ensure that you have chosen the proper papers web template for the area/area of your choice. Look at the form information to ensure you have picked the proper form. If available, take advantage of the Review button to check with the papers web template at the same time.
  • If you wish to discover another variation in the form, take advantage of the Search discipline to discover the web template that suits you and specifications.
  • When you have identified the web template you want, simply click Purchase now to proceed.
  • Find the rates prepare you want, type in your credentials, and register for your account on US Legal Forms.
  • Complete the deal. You can utilize your credit card or PayPal profile to cover the authorized form.
  • Find the structure in the papers and download it to the gadget.
  • Make alterations to the papers if necessary. You may full, edit and sign and print New Hampshire Complaint to Quiet Title by Adverse Possessor with Unknown Defendants.

Obtain and print a huge number of papers themes making use of the US Legal Forms web site, that offers the greatest selection of authorized forms. Use professional and status-specific themes to take on your business or individual requires.

Form popularity

FAQ

Uncertain property boundaries between neighbors, boundary disputes, unclear ownership of inherited property, and claims of adverse possession are some of the common reasons for filing quiet title actions in California.

The verified complaint must include: A description of the property that is the subject of the action. For real property, the description must include a legal description as well as the street address or other common designation. The title of the Plaintiff as to which a determination of quiet title is sought.

An answer in a quiet title action must also be verified, and must describe any claim that the defendant has to the real property, as well as any facts tending to controvert the material allegations of the complaint and new matter constituting a defense. See Cal. Code of Civil Procedure section 761.030.

There are reasons to verify complaints even when verification is not required by statute: If the complaint is verified, the answer must be verified, unless the defendant is a public entity or officer. CCP §446. The defendant's denials and allegations must be made under oath or penalty of perjury.

A complaint to quiet title must be verified and must contain all of the following information [Code Civ. Proc. §761.020]: 1. a description of the property that is the subject of the action.

The party who wishes to initiate the action (the ?Plaintiff?) must file a verified complaint for partition. The court will first determine the ownership interests of each of the co-owners.

Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.

The elements of adverse possession are: the use must be adverse (without permission and hostile to the owner's interests); it must be notorious ("so conspicuous as to impute notice to the true owner" -- Black's Law Dictionary); it must be continuous and uninterrupted; it must be exclusive (not in common with neighbors, ...

Trusted and secure by over 3 million people of the world’s leading companies

New Hampshire Complaint to Quiet Title by Adverse Possessor with Unknown Defendants