§ 34-2-133 — Tax deeds; possession and affidavits of possession

(a) Possession by the grantee for a continuous period of
not less than six (6) months at any time after one (1) year and
six (6) months have elapsed since the date of recording the tax
deed extinguishes forever all the claims, right, title and
interest, including the right to possession, of the former
owner, and vests in the grantee any title conveyed or
purportedly conveyed by the tax deed. Proof of possession by the
grantee and the record of the tax deed constitutes conclusive
evidence of the legality and effectiveness of the deed and any
proceedings upon which the deed is based, and of the title of
the grantee. As a means of proving possession and preserving
evidence of possession under a tax deed, the then owner or
holder of the title conveyed or purportedly conveyed by the tax
deed may, at any time after two (2) years from the date of
recording of the tax deed, file for record in the office of the
county clerk in which the real estate is located an affidavit
substantially in the following form:
AFFIDAVIT OF POSSESSION AND CLAIM UNDER TAX DEED
State of .... )
) ss
.... County )
I, ...., (name) residing at .... (address), being first duly
sworn, depose and say that on .... (date) a tax deed was issued
to .... (grantee) for the following described real estate: ....
.... that said tax deed was filed for record in the office of
the county clerk for .... county, ...., on .... (date), and
appears in the records of that office in .... County as recorded
in book .... page .... of the .... records; that I am now in
possession of such real estate and claim title to the same by
virtue of such tax deed; that I have been in possession of such
real estate for a continuous period of not less than six (6)
months immediately preceding the date of this affidavit; and
that the facts concerning the possession of such real estate
from the date of recording the tax deed to the date of this
notice are, insofar as known to me, as follows:
....
....
Subscribed and sworn to before me this .... day of ...., (year).
.................
Notarial Officer in and for
.......... County
......... (state)
(b) In any action, suit or proceeding in which the tax
deed, any proceedings upon which it is based, or the title of
the grantee is contested or drawn in question, a certified copy
of the record of any affidavit of possession and claim under tax
deed which has been of record for not less than sixty (60) days
constitutes prima facie evidence of the facts recited therein
and of the application of this act.