The trial court ruled in favor of the sellers, but on appeal the buyers were granted rescission of a residential property real estate contract where title of part of the property was based on adverse possession. Title resting in adverse possession will be held marketable if clearly established. Title resting in adverse possession will be held marketable if clearly established. Reversed and remanded. In every real estate contract a warranty of marketable title is implied.
Title acquired by adverse possession can be marketable.
A title can be marketable and insurable even if not perfect of record. This is a departure from the previous notion that title had by adverse possession made for a flawed and unmarketable title. Inc. Do not copy or duplicate without permission from the publisher.