A Bad Brush With a Little-Known Law
(Page 4 of 4)
It's important to remember , too, that since a
standard title search ordinarily reviews only matters of
public record—such as deed transfers—it's not
likely to reveal whether someone has been, or is,
using the land as an adverse possessor.
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Furthermore, title insurance policies—which can
differ considerably from company to company—vary in
regard to the protection they provide against claims of
adverse possession. Some specifically except
claims that are not a matter of public record but that
could be ascertained by inspecting the land and/or making
personal inquiries. Others exclude only claims of adverse
possession that are known by the buyer at the time of
purchase . . . while still others (which usually require a
legal survey) provide more or less full protection.
It's generally agreed that getting a legal survey of the
property you're considering is one of the best ways to
avoid a claim of adverse possession. And title insurance is
also strongly recommended . . . but do be sure to read the
sections in the policy that list exceptions to coverage,
and make sure you understand their implications fully. In
addition, most attorneys advise that you get a warranty
deed for any piece of real estate: Such a deed
guarantees that (among other things) the seller
will defend any claim against the title by another party.
And finally, you might also want to remember that even
though the claim of adverse possession made against the
Hansen family didn't hold up in court, it nonetheless
created substantial problems for them . . . and resulted in
their eventually selling the land.
If you're considering buying property, a wise first step
would be to inspect the parcel yourself for signs of use by
others. It's also a good idea to pay a visit to your
prospective neighbors to get a feeling for where
they consider the property lines to be. Any
indication that anyone has been using (or might simply be
inclined to contest your right to buy) the land in question
just might be sufficient reason to think about shopping for
real estate someplace else.
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