Escrow & Title

What is 'title by adverse possession' and how does it affect a Delaware title search?

ATitle obtained through inheritance; not a concern for title searches
BTitle obtained through open, notorious, hostile, exclusive, continuous possession for 20 years; may create title issues not visible in the recorded history✓ Correct
CTitle passed through a quiet title action; always fully disclosed in records
DTitle obtained by a court judgment; always clearly recorded

Explanation

Adverse possession can create title interests outside the public records. Title by adverse possession requires a quiet title lawsuit to be officially established. An unrecorded adverse possession claim creates a potential cloud on title.

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