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. This form is an affidavit refuting such claims.
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.
New Mexico Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner — Squatters Rights In New Mexico, an Affidavit by Adverse Possessor is a legal document used to assert a claim of ownership to a property that has been held adversely through the principle of squatters' rights. This affidavit is based on the grant of ownership from a previous owner who has willingly or unknowingly transferred their rights to the adverse possessor. This Affidavit serves as a formal declaration by the adverse possessor, outlining their uninterrupted and exclusive possession of the property for a certain period of time, typically ranging from 10 to 20 years. It details the adverse possessor's belief that their possession is rightful and based on the grant of ownership from the previous owner. Keywords: New Mexico, Affidavit, Adverse Possessor, Property Held Adversely, Claim of Title, Grant of Ownership, Previous Owner, Squatters Rights Types of New Mexico Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner — Squatters Rights: 1. Affidavit by Adverse Possessor Claiming Title Based on Open and Notorious Possession: This type of affidavit is often used when the adverse possessor's possession of the property has been well-known and conspicuous over a significant period of time. It emphasizes the adverse possessor's continuous occupation and intent to claim ownership. 2. Affidavit by Adverse Possessor Claiming Title Based on Hostile Possession: In this type of affidavit, the adverse possessor declares that their possession of the property was without the permission or consent of the actual owner. It highlights the adversarial nature of the possession, building the case that the adverse possessor should be recognized as the rightful owner. 3. Affidavit by Adverse Possessor Claiming Title Based on Payment of Taxes and Maintenance: This type of affidavit lays emphasis on the adverse possessor's financial investment in the property, including the payment of property taxes and maintenance costs. It demonstrates the adverse possessor's responsible stewardship of the property and their commitment to its well-being. 4. Affidavit by Adverse Possessor Claiming Title Based on Continuous Possession: This type of affidavit focuses on the unbroken period of exclusive possession by the adverse possessor, without any interruptions or challenges from other parties. It seeks to establish the adverse possessor's continuous control over the property as a basis for their claim to ownership. 5. Affidavit by Adverse Possessor Claiming Title Based on Quiet Enjoyment: This type of affidavit highlights the fact that the adverse possessor has been enjoying the property openly and without interference for a significant period of time. It underscores the peaceful and undisturbed nature of the adverse possessor's possession as an indication of their rightful claim to the property. It is essential to consult with a qualified attorney familiar with New Mexico property laws to draft a valid and enforceable Affidavit by Adverse Possessor. This will ensure that the document accurately reflects the adverse possessor's claim of ownership and complies with the legal requirements of New Mexico state.
