# Affidavit of Possession



## Tammy1 (Aug 31, 2011)

Can someone help me with understanding an Affidavit of Possession?

I'm in the process of purchasing some land but have run into a bit of difficultly. Apparently the abstract states that the property starts 15 feet into the parcel which is on the driveway side. The other remaining 3 sides are surrounds by farm land. My lawyer is recommending that "The present titleholder convey utilizing a legal description that extends to the roadway and that thereafter the new titleholder file an Affidavit of Possession covering all of the land." 

It also states: "It does not appear that any other persons claim title"

Has anyone gone through this??

I know many of you will say walk away this should be the sellers problem but finding land with out any restricted convents in my area is extremely hard. The first thing they require here is no live stock of any kind and a minimum first floor of 1200 square feet. Why people willing restrict their home way of life I will never understand.

Any advice would be appreciated! Thanks


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## FarmerKat (Jul 3, 2014)

I have not dealt with that but I would tell the attorney that I don't understand what that means that he needs to explain it to me. If he does not, I would get a different lawyer.


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## Marinea (Apr 15, 2011)

I could be totally wrong, but it sounds like someone subdivided the property at one point and the driveway is not included now. The legal description of the property cannot just be changed, and it sounds like the attorney is saying the seller also owns the adjoining property that contains the driveway and is recommending that the seller also sell you a portion of that land containing the driveway and then file the affidavit. If the seller is subdividing the property now for this sale, it may be simply a matter of letting them know and them extending the line to include the driveway.

Keep in mind any buyer will have the same problem. I would talk to the seller. It will likely require a survey and legal description set up for the driveway piece.


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