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.
Chicago Illinois Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner — Squatter's Rights: In Chicago, Illinois, an Affidavit by Adverse Possessor is a legal document filed by an individual who has been in possession of a property without the owner's consent. This document is intended to support their claim of ownership, asserting that they have acquired the property through adverse possession, commonly known as squatter's rights. The affidavit outlines the specific details of the adverse possession claim, including the basis of ownership granted from a previous owner. There are various types of Chicago Illinois Affidavits by Adverse Possessors based on the circumstances of the claim. They include: 1. Continuous and Exclusive Possession: This type of affidavit highlights that the adverse possessor has maintained uninterrupted possession of the property for a significant period, typically 20 years or longer, without the permission or interference of the true owner. The claimant must provide evidence demonstrating their continuous and exclusive use of the property during this period. 2. Open and Notorious Possession: This type of affidavit emphasizes that the adverse possessor has openly and visibly occupied the property, giving notice to the public and the true owner of their claim. The claimant might provide evidence such as utility bills, mail delivery records, or witness statements to prove their visible presence on the property. 3. Claim Based on Color of Title: In some cases, the adverse possessor may argue ownership based on a faulty or flawed legal document that they believe gives them the right to possess and eventually acquire the property. This type of affidavit presents the claimant's argument that their adverse possession claim is supported by a grant of ownership from a previous owner, albeit through an imperfect or defective chain of title. 4. Claim Based on Continuous Payment of Property Taxes: Adverse possessors may assert their claim of ownership by demonstrating that they have consistently paid property taxes on the premises for a certain period. This type of affidavit highlights the claimant's ongoing financial responsibilities as evidence of their intent to possess and control the property as an owner. 5. Claim Based on Improvements or Investments: In certain situations, an adverse possessor might make substantial improvements or investments in the property, potentially increasing its value. This type of affidavit would outline the claimant's actions and expenses incurred in enhancing the property, serving as evidence of their long-term commitment and intent to acquire ownership. It is important to note that each type of affidavit requires extensive supporting documentation and must adhere to specific legal requirements. Consulting with a qualified real estate attorney familiar with local Chicago laws is crucial to ensure the accuracy and validity of the affidavit. Additionally, the court will ultimately determine whether the adverse possessor's claim is valid or not.Chicago Illinois Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner — Squatter's Rights: In Chicago, Illinois, an Affidavit by Adverse Possessor is a legal document filed by an individual who has been in possession of a property without the owner's consent. This document is intended to support their claim of ownership, asserting that they have acquired the property through adverse possession, commonly known as squatter's rights. The affidavit outlines the specific details of the adverse possession claim, including the basis of ownership granted from a previous owner. There are various types of Chicago Illinois Affidavits by Adverse Possessors based on the circumstances of the claim. They include: 1. Continuous and Exclusive Possession: This type of affidavit highlights that the adverse possessor has maintained uninterrupted possession of the property for a significant period, typically 20 years or longer, without the permission or interference of the true owner. The claimant must provide evidence demonstrating their continuous and exclusive use of the property during this period. 2. Open and Notorious Possession: This type of affidavit emphasizes that the adverse possessor has openly and visibly occupied the property, giving notice to the public and the true owner of their claim. The claimant might provide evidence such as utility bills, mail delivery records, or witness statements to prove their visible presence on the property. 3. Claim Based on Color of Title: In some cases, the adverse possessor may argue ownership based on a faulty or flawed legal document that they believe gives them the right to possess and eventually acquire the property. This type of affidavit presents the claimant's argument that their adverse possession claim is supported by a grant of ownership from a previous owner, albeit through an imperfect or defective chain of title. 4. Claim Based on Continuous Payment of Property Taxes: Adverse possessors may assert their claim of ownership by demonstrating that they have consistently paid property taxes on the premises for a certain period. This type of affidavit highlights the claimant's ongoing financial responsibilities as evidence of their intent to possess and control the property as an owner. 5. Claim Based on Improvements or Investments: In certain situations, an adverse possessor might make substantial improvements or investments in the property, potentially increasing its value. This type of affidavit would outline the claimant's actions and expenses incurred in enhancing the property, serving as evidence of their long-term commitment and intent to acquire ownership. It is important to note that each type of affidavit requires extensive supporting documentation and must adhere to specific legal requirements. Consulting with a qualified real estate attorney familiar with local Chicago laws is crucial to ensure the accuracy and validity of the affidavit. Additionally, the court will ultimately determine whether the adverse possessor's claim is valid or not.
