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Would Adverse Possession/Squatter's Rights Apply?
Hi- I am a realtor in NJ. I have a situation I'm hoping someone can help me with.
I am selling a property that is actually 2 lots. Lot 7 (lot where the house stands) and lot 7.01r (behind it), which is the lot behind the house that goes down to the water. The current owner is acknowledged as the owner of both lots, they've paid taxes on both lots for the past 10 years and it is recorded in the county tax records as them owning both lots. The situation: The buyer for this house just had the title search done and apparently the last recorded deed for lot 7.01r is in the name of a gentleman who owned the property back in 1971. Somehow it has been overlooked through all the change of ownerships and has never been recorded on paper as transferred to any of the owners since then- even though every owner has been acknowledged as owning both lots and paid taxes on both lots. Could this property be claimed through 'squatters rights' and possibly be deeded to the new buyer or current owner? Does anyone know the process for that in NJ? Thanks in advance-Kris M, Sea Bright, NJ |
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He can go for the adverse possession (squatters rights) but it is possible the other guy can challenge it. It may well be an oversight that he can simply get taken care of with little or no problem. He needs to make sure he takes all his proof of paying taxes, tending the land and other proof of requirements for adverse possession. |
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It is very likely that the properties will be considered as one lot under the doctrine of merger, particularly if 7.01r is a non-conforming lot. But you're going to need a real estate attorney for this one. This is not something I'd trust to leave in the hands of the title company.
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