Do any neighbors have a claim against the seller’s property?
If you find a fence line that is not where the seller’s deed states it should be, either a neighbor may have fenced in some of the seller’s land or the seller may have fenced in some of the neighbor’s land. Consent for this may or may not have been obtained. If the encroaching party can meet the state’s definition of adverse possession, that party will gain ownership of the fenced in land. A party can also gain use of the property of another by meeting the state’s standards. Sometimes, a neighbor (or the seller) will have a claim of one sort or another, though no evidence shows on the ground. You need to ask both the seller and the neighbors if unrecorded claims of any sort burden the property. 4. Is the seller conveying all rights and interests in the property, i.e., is the property being conveyed in fee simple? The ideal situation for a buyer is to find a seller who is able and willing to convey all rights and all interests in his property to the buyer. This means 100 percent of the
