Tennessee Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights

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US-00938BG
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Description

Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In such a 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 certain period of time.


This form is a generic example of a complaint to quiet title by a person claiming adverse possession. This form may be referred to when preparing such a pleading for your particular state, although such a complaint must be tailored to the law of the state where the action is to be filed.

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FAQ

If the defendants don't respond within a certain period of time, a quiet title is awarded. Adverse possession: Commonly referred to as ?squatters' rights,? adverse possession involves someone openly taking up residence in a property for their use that they don't have legal right to.

Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.

It depends, under certain circumstances a party's payment of property taxes can create a rebuttable presumption that the party has title, or ownership, to the property in question. These requirements are addressed in Tennessee Code Annotated §§ 28-2-109 & 110.

Tennessee Adverse Possession Laws Must enter the land without the owner's permission (hence the term "adverse"); Must actually be on the land, using and caring for it as if it were his or her own; Must use the land and/or structure in an open manner (in other words, it may not be secretive or covert); and.

For title to be transferred by adverse possession, such possession must be ?actual and exclusive, open and notorious, hostile, and continuous? for a statutory period of time.

Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.

A squatter may gain adverse possession of the property through involuntary transfer. A property owner who does not use or inspect their property for several years could lose the title to another person who makes a claim to the land, takes possession of the land, and uses the land.

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Tennessee Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights