Rad good info and point. Title insurance might be a source of 2 things 1) dollars if there is a loss 2) pay for defense (attorney to clear the title). Often title insurance excepts from coverage encroachments and those things shown by a survey ( boundary fence on your property). Do check on title insurance if purchased.

David you are right about every state being different. Usually you can sell or devise whatever you own. But that does not mean your title is clear or marketable. If the buyer wants clear title then a suit would have to be filed. Some sales go through with just an affidavit from a disinterested source on possession and a survey showing an old fence. Many times the people on both sides don't know the fence is not on the boundary. The site Rad posted is the best advice - "If you think they apply to you, visit an attorney who is Board Certified in Real Estate law right away."