Why do title insurance affidavits always contain a representation that no one is in possession of the property without permission (i.e., adversely possessing)? The answer is that the deed is void if someone is on the property without permission.
Moreover, as this case shows, the person who is adversely possessing the property does not need to satisfy the adverse possession time requirements -- 7 years under color of title recorded for at least 30 years or 20 years without color of title. Under the champerty statute, one year is long enough.
As the deed is void, the seller must file an action to remove the trespasser and then execute a new deed (assuming that the buyer still wants the property).
In this case, the buyer was trying to get something for nothing, and we all know that "you can't always get what you want."
See Charles E. Foust, Jr. v. Larry E. Metcalf, et al.
