One of my recent estate planning cases involved drafting a deed which conveyed over 500 acres into a revocable living trust. Drafting the deed was very complicated because I had to piece together the legal description from over ten separate deeds which this family had acquired over a period exceeding fifty years. What makes this case really interesting is that we cannot find a conveyance for a thirty acre parcel of land that lies smack in the middle of the entire contiguous parcel of land! Because of this it first looked like I would have to file a “quiet title” action on behalf of my clients to be sure they could pass good title to this thirty acre tract.
My experience in working with litigation involving “adverse possession” of real estate, however, provided me with a quick and easy solution. During my research of law in preparation for an upcoming trial involving adverse possession, I stumbled upon a comment that title insurers usually will not balk at insuring land which has clearly been owned by a party by adverse possession for over the statutory ten year period of time. In this case we are dealing with a thirty acres in the middle of 500 acres that has been owned by the same family for over fifty years. It is extremely unlikely anyone would ever claim title to that thirty acres at this point in time.
So, when you need competent legal help involving estate planning, trusts, and real estate, call Glenn Hall at the Hall Law Firm LLC. Call 573-729-2229 to set up your free initial consultation.