adverse possession - Posted by JL Levinson

Posted by John Merchant on November 07, 2002 at 20:00:06:

AP requires a bunch of years to run and work, in every state I’m familiar with, but 10 years may be enough, with open and notorious possession by neighbor, so the convey-ability of that ground may be in serious doubt.

Therefore I’d recommend you put into your purchase agreement that if he (and his title insurance company) can’t guarantee you HE still owns that, that you’re going to drop your purchase price to cover ONLY that property on which he CAN guarantee and insure he does own.

adverse possession - Posted by JL Levinson

Posted by JL Levinson on November 07, 2002 at 18:06:07:

We are purchasing a mountain lot in Arizona. It is 1.02 acres. On one side of the property a neighbor’s fence has been in place for at least 10 years - if not longer - and it encroaches on our property by about 180 s.f. The fence is falling down. We’d like it repaired or removed. We don’t however really “need” this portion of the property. What, if anything should we do about this? We have a current survey.