Adverse Possession

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"Adverse possession is a system whereby the occupation of another's land gains the occupier title, but only if the occupation is indeed wrongful.1 Though the adverse possessor gains legal title, it is not likely to be "marketable" title for a purchase because (1) the title is subject to litigation and (2) conveyancers generally have the notion that title must be marketable of record. The only certain way to make the title marketable is to establish a paper record by a favorable court decision.2 The two aspects to consider are the statutory requirements, including the statutory period, and the doctrine of adverse possession, which is a judicial gloss on the statute.3 "The theory upon which adverse possession rests is that the adverse possessor may acquire title at such time as an action in ... "

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