Houston Texas Affidavit of Possession of Land by Another Person, Known to Affiant

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Multi-State
City:
Houston
Control #:
US-OG-185
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Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). The form is used to declare occupation and use of the lands that are the subject of the affidavit.

Houston, Texas Affidavit of Possession of Land by Another Person, Known to Affine, is a legal document used to confirm that a certain individual (the affine) is aware that someone else is in possession of a specific property or land within the jurisdiction of Houston, Texas. This affidavit serves as evidence to support the claim that the person in possession has a right to occupy or use the property without legal dispute. Keywords: Houston, Texas, Affidavit of Possession, Land, Another Person, Known to Affine Types of Houston, Texas Affidavit of Possession of Land by Another Person, Known to Affine: 1. Affidavit of Possession by Tenant: This affidavit is used when a tenant acknowledges that another person, such as a subtenant or co-occupant, is in possession of the property under their lease agreement. It confirms that the tenant recognizes the other person's lawful right to occupy the premises. 2. Affidavit of Possession by Joint Owner: This type of affidavit is utilized when one co-owner of a property acknowledges the possession of another co-owner. It certifies that the affine agrees and acknowledges the possession rights of the other joint owner(s) without any legal dispute. 3. Affidavit of Possession by Heir or Devised: This affidavit is employed when an heir or a devised of a deceased individual acknowledges that another person is in possession of an inherited property. It verifies that the heir or devised recognizes the possession rights of the individual without any disagreement. 4. Affidavit of Possession by Mortgagee: This type of affidavit is applicable when a mortgagee recognizes that another person is currently occupying the mortgaged property. It confirms that the mortgagee is aware and agrees that the occupant has lawful possession rights, even if there is an outstanding mortgage on the property. In all instances, the Houston, Texas Affidavit of Possession of Land by Another Person Known to Affine is a legally binding document. It provides a sworn statement affirming the affine's knowledge of someone else's possession of a specific property or land, emphasizing that the occupant has the right to use or occupy the premises without any dispute raised by the affine.

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FAQ

The doctrine of adverse possession in Texas protects someone who has honestly entered and held possession in the belief that the land is his or her own, as well as one who knowingly appropriates the land of others for the specific purpose of acquiring title.

According to Section 16.027, a person, regardless of le- gal disability, must bring suit within 25 years to recover real property held in peaceable and adverse possession by another who cultivates, uses or enjoys the prop- erty. Thus, the fourth statute of limitations in Texas is the 25-year statute.

It is a well-settled principle that a party claiming adverse possession must prove that his possession is 'nec vi, nec clam, nec precario', that is, peaceful, open and continuous. The possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner.

An affidavit of heirship should be signed by two disinterested witnesses. To qualify as a disinterested witness, one must be knowledgeable about the deceased and his or her family history, but cannot benefit financially from the estate.

In order to acquire title to property by adverse possession, a party must prove six elements by preponderance of the evidence: (1) visible appropriation and possession of the property; (2) that is open and notorious; (3) that is peaceable; (4) under a claim of right; (5) that is adverse and hostile to the claim of the

The default period for adverse possession in Texas is a decade?referred to as a 10-year statute of limitations. That means the true owner of the property has up to 10 years to oust the adverse possessor or terminate their possession.

A Person who claims adverse possession should show: (a) On what date he came into possession, (b) What was the nature of his possession, (c) Whether the factum of possession was known to the other party. (d) How long his possession has continued, and (e) His possession was open and undisturbed. 3.

A person claiming adverse possession has to show the following before the court: The date of possession. The nature of the possession. The possession was known to public. The duration of the possession. The continuity of the possession.

This person should be someone who is familiar with the family history of the deceased (decedent), and who will obtain no benefit from the Estate. The person who fills out the form is referred to as the ?AFFIANT?. 2.

In order ?to establish a claim for adverse possession, a claimant must prove: (1) actual possession of the disputed property, (2) that is open and notorious, (3) peaceable, (4) under a claim of right; (5) that is consistently and continuously adverse or hostile to the claim of another person for the duration of the

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The affiant is the person swearing to the facts in the affidavit. 1 As the court in Satterwhite v.An Affidavit of Heirship is a legal document used in some states to establish the legal heirs of a person who dies without a will. Get more for your land resources, talk to a Land Expert today. May a notary public determine which type of notarial certificate should be attached to a document? May I advertise in a language other than English? Intended to direct and assist in filling in the form and may also be deleted. Certificate of Service. The person submitting the Affidavit is called an affiant. The district registrar does not examine agreements attached to caveats to ensure compliance with The Homesteads Act (other than statutory easements).

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Houston Texas Affidavit of Possession of Land by Another Person, Known to Affiant