Frydman v. Fidelity National Title Insurance

*623The subject title policy took effect as of May 26, 1999, the date the insureds acquired title to the insured property. Insofar as pertinent to the appeal, the policy specifically excludes from coverage “[rjights of tenants or persons in possession.” It additionally excludes “fences . . . [that] vary with record lines,” as indicated in a 1972 “survey report,” as well as a May 5, 1999 “survey inspection” reporting no changes to the property’s “boundary indicator.”

The 2002 underlying complaint for adverse possession against plaintiffs by their neighbors was based entirely on the location of a…