In today’s fast-paced real estate market, where digital listings, bidding wars, and off-market deals are more common than ever, one truth remains timeless: a well-written contract is your best protection. The 1978 case of Conklin v. Davi might be decades old, but its lesson is more relevant than ever for both buyers and sellers — especially in regions like Seattle where land use and property boundaries can get legally complex.
A Quick Recap of the Case
In Conklin v. Davi, the seller (Conklin) transferred real estate to the buyer (Davi). However, part of the land included in the transaction had been acquired by Conklin through adverse possession — a legal doctrine that allows someone to claim ownership of land they’ve openly occupied without the owner’s permission, if done continuously for a certain period of time (typically 10 years in Washington State).
The issue? The real estate contract didn’t mention this adverse possession. When Davi realized that part of the property wasn’t covered by a “traditional” deed but instead claimed via adverse possession, they balked. Why? Because they wanted marketable title — a title free from legal doubt, so they could sell the property later without complications. Davi tried to back out of the deal, and Conklin sued for specific performance (to force completion of the sale).
So… What Did the Court Say?
The New Jersey Supreme Court ruled in favor of Conklin. Here’s the key point: property obtained through adverse possession can still be transferred with marketable title — but only if the seller can prove they meet all legal requirements for adverse possession.
In other words, the court said: yes, adverse possession is legit, but proof of ownership must be clear. Since Conklin didn’t provide documentation at the time of the contract, that left room for confusion and litigation.
Why This Still Matters in 2025
In today’s market, it’s easier than ever to jump into real estate deals — but it’s also easier to miss important legal nuances. Here’s how this case still applies:
1. Marketable Title Still Matters
Even in a seller’s market, buyers want assurance that the property they’re buying won’t come with legal baggage. A clean, marketable title is key to getting financing, reselling, or avoiding title disputes later.
2. Adverse Possession Is Still a Thing
Especially in older neighborhoods or rural areas (common in the Pacific Northwest), property boundaries can get fuzzy. Maybe a neighbor’s fence has extended into a parcel for 20 years. Maybe a shed has been sitting on technically “unowned” land. In some cases, these conditions give rise to legitimate adverse possession claims — but they still need to be proven.
3. Contracts Need to Be Thorough
Modern real estate deals often happen fast. But that’s no excuse to skip over details in the contract. If a property has any quirks — unusual boundaries, easements, adverse possession claims — they need to be documented in writing. Buyers should know what they’re getting, and sellers need to be upfront with disclosures.
4. Specific Performance is Still on the Table
Don’t assume you can walk away from a deal just because new information comes to light. If the contract is enforceable and the seller can fulfill their obligations (even retroactively, as in this case), courts may still require the transaction to go through.
Key Takeaways for Today’s Real Estate Buyers & Sellers
- Do your homework: Always request a full title search before signing a purchase agreement. Know exactly what’s being conveyed.
- Talk to a real estate attorney or CPA: If the deal involves unusual land history or inheritance issues, professional advice is critical.
- Spell everything out: Whether you’re buying or selling, don’t assume common knowledge. Include all details — especially anything relating to how the land was acquired — in your contract.
- Don’t fear adverse possession — but respect it: It’s a legitimate legal tool, but one that needs to be documented clearly and properly.
Final Thoughts: What’s Omitted is as Important as What’s Included
The real estate world moves fast — but that doesn’t mean you can afford to be careless. Conklin v. Davi reminds us that what’s left out of a contract can be just as important as what’s included. Whether you’re a buyer, seller, or real estate investor, make sure your contracts are clear, your ownership is well-documented, and your eyes are wide open.
Image by Paul Brennan