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  1. #10
    Join Date
    Oct 2009
    Posts
    5

    Default Re: Adverse Possession Claim Over a Septic Field

    Since my last post in October, the owner of the property decided to sell me all 37 acres instead of just the 10 that I had surveyed. My neighbor (with the septic field) was ignorant of my ownership of the property and sent the man who sold me the property a letter asking to purchase the parcel which contains her septic field.

    In turn, I wrote her a letter offering to sell the parcel or offering an easement to use it for her septic leech field.

    Since she has made an offer to purchase the piece of property, does this shoot another hole in her ability to seek adverse possession? If she's already asked for an easement and then made an offer to purchase it (both in writing), isn't her adverse possession claim now illegitimate? I got a call from her daughter today saying that she was still wanting to pursue possession through court order. They're trying to use this threat to get me to reduce my price.

    Also, I have title insurance in the amount of $20,000 for the property. Does title insurance typcially pay for legal costs associated with defending the title? I've read the title insurance policy. It's very brief.

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