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It is certainly possible. The "owner" of an adverse possession interest can sit quietly on this ownership, until someone tries to retake the claim, such as when a new neighbor comes along with a deed purporting to include the land which is actually no longer owned under any deed.

As a rule, adverse possession does not show up in any title search and many title companies disclaim any liability for un-indexed claims like that.

If the neighbor's adverse possession was completed (i.e., their possession conformed to all the local requirements), then they have owned it since then and have no obligation to tell you or anyone else about it (unless otherwise required by local statutes). The fact the previous owner didn't know about it is too bad for them, if they gave a warranty deed.

The new "owner" (of deed) may file an action to quiet title, and see if a court will dismiss their claim of adverse possession. If not, then the new deed is worthless, except for the part that says "with warranty covenants." This phrase will allow them to get their money back because the deed did not convey the title it claims to.

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17y ago

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