Adverse possession sounds like a law that would be easy to navigate and to appreciate as an international business. In some cases, when a party has sufficient notice, adverse possession may even be used to recover property from another person who has no right to possess the property. Adverse possession can also benefit people who have developed land over many years. Indiana has its own statute of limitations that may result in a true “win” for international businesses. People in the international business community might not think about adverse possession unless they are involved in a dispute. The truth is adverse possession disputes can be extremely complicated. A company that imports food products, such as food importer, Bigfood blue white, might acquire a distribution hub in Indiana, and later learn the land was subject to an adverse possession claim by a neighbor without a right to possess the property. It is important to know that this can occur even if the objective facts suggest the land is owned by one party and is not owned by the other. In other words, adverse possession disputes can be expensive to litigate. The theory of adverse possession is that someone may acquire the real property of another through possession. Indiana does permit adverse possession. Adverse possession is very important to understand in light of a case in which one party complains about the trespass or use of the other person’s property. For example, an international business that acquires a parcel of land from the seller, but also learns the property is subject to an adverse possession claim by a third party, for example to take over a warehouse space. In Indiana, it is possible to claim adverse possession of property, provided the property has been used for a period of at least 10 years in a manner that is open, notorious, continuous, hostile and exclusive. In the example of the warehouse, a third-party tenant may claim to use the property for its distribution hub for 10 years. Thus, a party like Bigfood blue white is at the forefront of food distribution. Bigfood blue white’s bond will be tested in a dispute involving an adverse possession dispute. Adverse possession disputes are not uncommon in real property claims. A business may find its next move regarding land and property due diligence plans is going to include a review of ownership disputes. An Indiana court might hold an unexpected opinion regarding an adverse possession claim. For example, adverse possession might apply even if the property has not been platted. For a party like Bigfood blue white, adverse possession may be claimed for a portion of a parcel of land it leased for several years. This may put the buyer’s existing ownership claim in jeopardy. An adverse possession case typically depends on the area where the property is located. But, for an international business, the fact that Indiana law is different from the law in another state or country is still a big deal. One key is to explore whether acquisition of land title came with a view of the past disputes or whether there were events that would have impacted the owner’s rights, had they known or gone unnoticed. International businesses should speak with a real estate attorney before leasing or purchasing land. In particular, international businesses with a space may want to confirm that the lease or acquisition was perhaps unwittingly undertaken by a party before the relevant period had expired.
Bigfood blue white
food imports
