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> From: MichaelP <[log in to unmask]>
> To: [log in to unmask]
> Subject: Re: [CHOMSKY] Racism -- corporate tool? (long) (fwd)
> Date: Sunday, August 10, 1997 3:44 PM
>
> Thanks for the reminder - but this implies that until there is judicial
> intervention title remains "clouded".  Does the doctrine hold in case
where
> the current title-holder can prove he was defrauded (duped or tricked) or
> where the original owner was unable to preserve rights?
> MichaelP
>  ==================
"You can not benefit from your own misdeeds"...well settled doctrine. Title
by adverse possession is unmarketable unless there is judicial
intervention, usually in the form of a declaratory judgment - in NY, there
is a procedure available under RPAPL Article 15.

Whether or not title by right of conquest can be defeated where fraud was
involved is an interesting question. Frankly, I don't know if this has been
successfully litigated, although I suspect it may be an element of some of
the "Indian" land claims that are being litigated presently around the US.
I'm embarrassed to say that I'm not as familiar with this as I should be,
but this discussion has demonstrated to me the need for further
investigation on my part. Let's discuss again in a few weeks...anyone else
familiar with this area of the law?

DDeBar