Adverse Possession Affidavit Form

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									This attorney drafted Adverse Possession Affidavit is a form to be used by a person
claiming title to real property by means of adverse possession. An individual making
such a claim must state how and when he or she has been in possession of and used
the property, in order to seek to gain legal possession (title) to the property. Parties
using this form should note that state laws for adverse possession may vary and that
their particular jurisdiction may require additional specific language not contained
herein.
                                ADVERSE POSSESSION AFFIDAVIT



STATE OF _____
[Instruction: Insert applicable state.]

COUNTY OF _____
[Instruction: Insert applicable county.]

BEFORE ME, the undersigned authority, on this day personally appeared

_____ [Instruction: Insert name of person making affidavit.] (Affiant), who, being by me
duly sworn, made the following statements and swore that they were true:

My name is _____ [Instruction: Insert name of person making affidavit.] and I reside at
_____ [Instruction: Insert residence address, including street, county and state.]

I am of sound mind and capable of making this affidavit. I am personally acquainted with the
facts herein stated concerning the open use, open occupation and apparent ownership of the land
and improvements located at _____. [Instruction: Insert property address regarding which
affidavit is being made.] I have resided and currently continue to reside at the above address
since _____ [Instruction: Insert date upon which person began living upon property.] and
have personal knowledge that the above described land and improvements have been
continuously and openly used and occupied since _____ [Instruction: Insert property address
regarding which affidavit is being made.] as follows:

Start Date:     End Date:        Person Occupying and Using the Land and Improvements:

_________       _________        _________________________________________________

_________       _________        _________________________________________________

_________       _________        _________________________________________________

_________       _________        _________________________________________________

_________       _________        _________________________________________________

_________       _________        _________________________________________________




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Optional language (if not correct, revise or delete as applicable) During this time, I have paid
the taxes on said property and improvements as and when due and payable, as well as cutting the
grass thereon, improving the property and improvements thereon, fencing, and doing all acts
necessary in the maintenance of the said property, and further that my possession of this property
has at all times been exclusive, and my occupancy has always been peaceable and undisturbed.

To the best of my knowledge, information and belief _____ [Instruction: Insert name of
property owner as known to affiant.] is and has been the owner of said land and improvements
during the times listed above.

                                                    _______________________________

                                                    Affiant



SUBSCRIBED AND SWORN TO BEFORE ME by the above-named Affiant on

________________________________________, to certify which witness my hand and
official seal.



                                                    ________________________________

                                                                   Notary Public
[Comment: Notary completing this affidavit should confirm the above-referenced language
is true and correct for the applicable jurisdiction, as each jurisdiction has its own notary
signature requirements.]




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