Is an adverse possessor's title generally considered marketable?

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Prepare for the Real Estate Transactions Exam. Study with comprehensive questions, detailed hints, and explanations to enhance your knowledge and pass the exam with ease. Get exam-ready today!

An adverse possessor's title is generally not considered marketable primarily because it typically involves uncertainty and the potential for legal challenges. Adverse possession allows a person to claim ownership of land under certain conditions, such as continuous and open use for a specified period. However, because the original owner's rights may still exist, challenging claims can arise, and the validity of the adverse possessor's title may be contested in court.

For a title to be marketable, it essentially needs to be one that a reasonable buyer would accept, free of significant risk or litigation. In the case of adverse possession, a buyer could face the issue of having to engage in litigation to clear the title if the original owner disputes it. This uncertainty renders the title unmarketable, as potential buyers would be wary of these legal complexities and the possibility of losing the property they believe they are purchasing.

While a long period of occupation (as mentioned in one of the options) might lend some weight to the possessor's claim, it does not guarantee the title's marketability since the property rights of the original owner may still impose risks. Moreover, the assertion that a title cannot be transferred under an adverse possession scenario does not reflect the legal principle that the possessor can transfer their

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