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 for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Notice of Claim of Adverse Interest in Possessor of Real Property, also known as a "Squatters Rights" notice, is a legal document filed in New York to assert a claim over a property in which the filer has been occupying without permission or legal right. This notice is generally filed by individuals or entities who have been effectively living on a property as a "squatter" for an extended period, often with the intention of eventually gaining legal ownership or negotiating settlement with the property owner. There are several types of New York Notice of Claim of Adverse Interest in Possessor of Real Property — Squatters Rights, each serving a slightly different purpose and affecting the rights of the occupants: 1. Standard Squatters Rights Notice: This is the most common type of notice, filed by squatters who have occupied a property continuously and exclusively for an extended period, typically at least ten years in New York. The notice states the squatter's intent to claim adverse possession, seeking to acquire legal rights over the property. 2. Squatter Rights Notice — Color of Title: In some cases, squatters may attempt to assert their claim of adverse interest based on erroneous or defective deeds or documents that suggest ownership of the property. This type of notice highlights the squatters' belief in their claim, despite the technical flaws in their paper trail. 3. Squatter Rights Notice — No Color of Title: This notice is filed when squatters lack any official documentation or recorded instruments to suggest ownership or legal rights over the property. Instead, they rely on the continuous occupation and open use of the property to assert their claim. 4. Squatter Rights Notice — Hostile Possession: If the squatters can prove their possession of the property against the will of the actual property owner, they may file this notice to strengthen their claim of adverse interest. Hostile possession refers to the use of the property without the owner's permission and in a manner inconsistent with the owner's rights. 5. Squatter Rights Notice — Equitable Estoppel: In rare circumstances, squatters may argue that they relied on the actions or representations of the property owner, leading them to believe they had permission to occupy the property. This notice emphasizes the equitable estoppel defense, claiming that it would be unfair to allow the owner to evict the occupants after encouraging or allowing their presence, even without a formal agreement. It is important to note that filing a Notice of Claim of Adverse Interest in Possessor of Real Property is a legal process, and the outcome may vary based on individual case facts, local regulations, and court decisions. It is advisable for both property owners and squatters to seek legal counsel to understand their rights, obligations, and potential remedies in these complex situations.A Notice of Claim of Adverse Interest in Possessor of Real Property, also known as a "Squatters Rights" notice, is a legal document filed in New York to assert a claim over a property in which the filer has been occupying without permission or legal right. This notice is generally filed by individuals or entities who have been effectively living on a property as a "squatter" for an extended period, often with the intention of eventually gaining legal ownership or negotiating settlement with the property owner. There are several types of New York Notice of Claim of Adverse Interest in Possessor of Real Property — Squatters Rights, each serving a slightly different purpose and affecting the rights of the occupants: 1. Standard Squatters Rights Notice: This is the most common type of notice, filed by squatters who have occupied a property continuously and exclusively for an extended period, typically at least ten years in New York. The notice states the squatter's intent to claim adverse possession, seeking to acquire legal rights over the property. 2. Squatter Rights Notice — Color of Title: In some cases, squatters may attempt to assert their claim of adverse interest based on erroneous or defective deeds or documents that suggest ownership of the property. This type of notice highlights the squatters' belief in their claim, despite the technical flaws in their paper trail. 3. Squatter Rights Notice — No Color of Title: This notice is filed when squatters lack any official documentation or recorded instruments to suggest ownership or legal rights over the property. Instead, they rely on the continuous occupation and open use of the property to assert their claim. 4. Squatter Rights Notice — Hostile Possession: If the squatters can prove their possession of the property against the will of the actual property owner, they may file this notice to strengthen their claim of adverse interest. Hostile possession refers to the use of the property without the owner's permission and in a manner inconsistent with the owner's rights. 5. Squatter Rights Notice — Equitable Estoppel: In rare circumstances, squatters may argue that they relied on the actions or representations of the property owner, leading them to believe they had permission to occupy the property. This notice emphasizes the equitable estoppel defense, claiming that it would be unfair to allow the owner to evict the occupants after encouraging or allowing their presence, even without a formal agreement. It is important to note that filing a Notice of Claim of Adverse Interest in Possessor of Real Property is a legal process, and the outcome may vary based on individual case facts, local regulations, and court decisions. It is advisable for both property owners and squatters to seek legal counsel to understand their rights, obligations, and potential remedies in these complex situations.
