Like large equipment parked on conserved parcels for a long time, encroachments are on the rise. While such actions may not meet the statutory test for an adverse possession claim, the land trust still must foot the bill to disprove a lawsuit claiming such. Identify the encroachment during pre-acquisition due diligence and resolve the encroachment before entering the chain of title! This is another great reason to have a formal practice of including stewardship review and comment on all acquisition transactions in the design and drafting phases with a full boundary investigation and documentation. Consider these proactive prevention steps and suggestions.

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