Adverse possession exists as it is a means to correct, fix, or address issues with a land owners deed and title. Here’s an example of what this really looks like.
- A person wants to purchase the home located at 123 Main Street. In addition to the house, there is a detached garage with a gravel driveway located behind the house to the side.
- The seller indicates that the house was built 20 years ago and that they built the garage 13 years ago.
- The buyer purchases the home at 123 Main Street and hires a title company, who is responsible for issuing the deed to the new owner. The buyer decides to have a boundary survey performed in conjunction with the purchase.
- The survey company performs the survey based on the deed and legal description provided by the title company. They find that the detached garage is not built on the property associated with 123 Main Street and is actually located on the property at 125 Main Street.
Adverse possession is the legal process that the sellers of 123 Main Street would then pursue against the owners of 125 Main Street to have legal rights, including the legal title to the land that the garage is located on.
Adverse possession is a complicated process and requires the involvement of the court system, but ultimately exists so that defects in a title can be corrected. Please keep in mind that there are many statutory requirements that must be met in order to file an adverse possession claim.
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