Up to last year, you couldn't even ask, recent appeal hearing says you now can, but you still can't adverse his application for that reason.   

I have had encroachments in the past and resolved them with easements and no adverse possession claims.

Unfortunately Good Cause Eviction passed last night in the city of Rochester, NY.I want to thank Council Members Lashay Harris and Michael Patterson for doing the right thing and voting “NO” on this largely performative legislation…that will only TEMPORARILY protect a small handful of city residents living in EXTREME under market rental units…But it will have broad and adverse negative consequences for the WHOLE community.

A borrower is more inclined to face adversity with a construction project than most other types of real estate investing.

As you over come them it will make you a better investor. 

Making an avoidable costly discussion is one of the scariest things for me to overcome as I'm learning about real estate.

For me personally I’m somewhere in the middle and a little more risk adverse.

Assuming the contract is valid, enforceable, and the buyer can prove (s)he was ready, willing and able to close, a summary judgment might be awarded granting the request.While every litigant has a right to appeal an adverse judgment, not every request for the appeals court to hear the matter will be granted. 

@Benjamin YingNo one thing or person can give you confidence to overcome the fears of buying an investment.

You've overcome the initial hurdle.