What if the current property owners deed reads to the middle of the river?
Many deeds state that the owner of a waterfront property owns to the center of the stream. Unfortunately, a deed sometimes describes property that could not be legally conveyed. Although title companies work hard to ensure that the buyer is, in fact, legally entitled to all of the property described on a deed, their research relies in large part on verifying the “chain of ownership” contained in historical records. Therefore, if a transfer of property many years or even generations ago was erroneous, and has not been contested over time, the oversight or mistake may go uncorrected. Often title insurance companies include “exceptions from coverage” for such things as: (1) the rights of the public and governmental bodies to the area below the high water line; or (2) any adverse claim based on the assertion that the waterway has moved and that the area has been created by artificial means or accretion. This means the companies will not insure against loss or damage arising from these issu
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- What if the current property owners deed reads to the middle of the river?