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Adverse Possession and Boundary Disputes

13 minPRO
2/6

Key Takeaways

  • Adverse possession requires actual, open, continuous, adverse possession under a claim of right for the full statutory period.
  • Statutory periods range from 5 to 20 years depending on the state, with some states requiring additional elements like tax payment.
  • Boundary disputes can be resolved through agreement, mediation, survey, quiet title action, or equitable doctrines.
  • Physical inspection during due diligence is essential for detecting potential adverse possession claims and boundary issues.
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Test Your Knowledge

1.What are the typical elements required to establish adverse possession?

2.How long is the typical statutory period for adverse possession?

3.What is the most effective way to prevent boundary disputes?