affidavit of use and occupancy calls for an inspection of the lands noting any use of the surface which may lead to additional questions concerning ownership of all of part of the lands under examination. The affidavit of adverse possession is focused solely on the nature of the possession of the party(ies) noted by the title examiner to be the apparent fee simple owner (of the surface and/or mineral estate) vis a vis all other potential claimants to the title. Key to the suggested title requirement for an affidavit of adverse possession is the insertion of the applicable number of years the title examiner believes that will be necessary to rely on for adverse possession to be proven coupled with the exact date those years are to commence. It is not unusual for adverse possession to develop some time earlier than the present in a chain of title, thus necessitating an older, longer resident in the area familiar with the use and possession of the lands under examination.
what manner, (i.e.: fences, markers, blaze lines, etc.), such boundaries and corners are marked and set. Determine if fences were constructed, paying special attention to the dates of construction and whether the fences follow the metes and bounds description of the lands. Address whether or not such corners and boundaries, if having been established, are recognized by contiguous land owners. If such corners and boundaries have not been established, then ascertain whether or not there are any existing boundary or corner disputes. Submit any survey plats which reflect the surveyed outline of Examined Lands. Land Use. Discuss whether or not any agricultural activities have taken place upon the property, if so giving dates and nature of such activities and names of parties conducting same. Discuss whether or not there has been any timber harvested from the property, and, if so, set forth dates of such harvesting and names of parties conducting same. State whether or not there have been any forestry enhancement activities on the properties. Address whether or not there have been any hunting leases; grazing leases, agricultural leases, or any other like and similar agreements entered into. B. C. Structures and Improvements. Determine whether or not there are or have been any houses, churches, cemeteries, schools, public buildings, barns, silos, equipment sheds, mobile homes, or other like and similar structures on the property, and if so, determine who constructed same, whether or not they are presently occupied or in use, and if so, by whom, for what purpose, and under whose authority. Please set forth the dates of construction of any structures as the same relate to the time period identified herein. Please furnish a plat of the lands showing the location of any such structures. Possession. During the time period set out above, determine if anyone other than ____________ were ever in possession of the surface of Examined Lands, then address who, the type of possession, dates of possession, and D.
1. SUGGESTED TITLE REQUIREMENT
REQUIREMENT: You should secure an affidavit of adverse possession from one or more persons personally familiar with Examined Lands for the past (5, 10 or 25) years from and after the __ day of ___________, 19________, giving the names and addresses of such persons and reciting the manner in which they are acquainted with the facts surrounding the property insofar as they relate to possession, use and occupancy. If the primary affiant is one of the owners of the surface/minerals set out herein, you should also secure a corroborating affidavit from a disinterested third party which confirms the factual statements of the primary affiant. Suggested affidavit/corroborating affidavit forms are attached to this opinion as Exhibit “A” and “A-1” respectively. Without intending to limit the breadth and scope of the Affidavit of Adverse Possession, please address with particularity the following: Boundaries. Ascertain whether or not definitive corners and boundaries of the property have been established and if so, then address in A.
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G r o w t h T h r o u g h E d u c a t i o n - J u l y / A u g u s t / S e p t e m b e r 2 0 2 1
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