Adverse Possession NY

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“There are times when property rights are considered the pillars of American society. The right to purchase and manage land as one sees fit is a fundamental right that often serves as a foundation for privacy. Understanding an individual’s property is crucial but can be more challenging. Despite how absurd it may seem in real estate, 26 states have laws regulating adverse possession.”

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Adverse Possession NY

The duration of land use or the conditions under which land ownership can change can vary from state to state with adverse possession laws. Using this process, a person can get possession of property that they would otherwise not be able to access and legally include it as their property. Consequently, this is all the information an individual needs to understand about Adverse Possession NY.


Do You Know What Adverse Possession Is?

A person can claim adverse possession if they own a property owned by another person, which is a legal doctrine. A trespasser can legally claim adverse possession of another person’s property if they enter it, reside there, and claim ownership. Adverse possession is defined legally as this.

The trespasser does not need to intend to permanently possess the property at the time of entry to assert adverse possession. It is also possible for trespassers to get just a small section or the entire property from a trespasser. Adverse possession may occur due to an error in a neighbor’s deed or mistaken belief. For example, an incorrect deed or a mistaken belief may lead a neighbor to extend their backyard onto their neighbor’s land.

As a general principle, adverse possession promotes productive land use and penalizes property owners who fail to exercise and enforce their rights promptly.


What does Adverse Possession mean in Real Estate?

Adverse possession New York State allows someone to own land by simply using it. It’s more complex than that, but it eventually grants ownership to someone who uses the land continuously and openly.

You should consult an attorney if you are a property owner concerned about adverse possession. The longer you delay asserting your ownership rights, the more difficult it will be to keep it.


NY’s Adverse Possession Law

According to New York law, an adverse possessor is someone who occupies the property of another without the owner’s knowledge or consent in a way that makes the owner liable for the adverse possession.

To establish adverse possession and thereby obtain title to the disputed property. The adverse possessor must prove that they adversely possess the land under a claim of right. For the statutorily required period, open and notorious, continuous and exclusive, and actual. New York has a 10-year prescriptive period.


Essential requirements

Owners were safe by these essential requirements, allowing them to discover potential adverse possession claims and to eject the adverse possessor before the claim could develop. After the prescriptive period has passed.

A 2008 amendment to the Real Property Actions and Proceedings Law, among other things. Expanded protections for property owners to include the following:

  • Trellises,
  • Hedges,
  • Shrubbery,
  • Plantings,
  • Sheds,
  • Fences & hedges shall be considered permissive and non-adverse non-structural encroachments de minimis.

Even so, the adverse possessor may not be entitled to claim the title. If they can show that the adverse possession occurred before the amendment took effect.


Under Claim of Right and hostile

To ensure the title owner was aware of the adverse claim. The courts require claimants seeking adverse possession to establish their possession was hostile. However, the claimant does not have to prove enmity or hostile acts.

The claimant may assert a right to property that is adverse to the owner and opposes the owner’s rights to establish hostile possession. It is also possible to establish:

  • Hostile ownership,
  • Adverse possession,
  • Open and notorious possession,
  • Exclusive possession,
  • And continuous possession during the prescribed period.

To negate the claim that the use was hostile and under a claim of right, proof that the use was permissive is necessary. Permission may appear from neighborly cooperation and accommodation. It is still possible to prove that the claimant’s use turned hostile. The claimant assumed a hostile attitude. Even if it was permissive but later renounced or repudiated.


Possession of land without a claim

Possession of land without a claim of right will not transfer ownership. Before 2008, the claim of rights did not have a legal definition. To establish a claim of right, a party simply had to demonstrate conduct hostile to the owner’s rights. It did not matter if they knew the actual owner as long as they made an overt acknowledgment. For example, by making an offer to buy, they could gain title by adverse possession.

According to the 2008 amendments, claimants must also prove that they believe the disputed property belongs to them based on a reasonable basis. In cases where it is impossible to identify the owner of the property from county records, this belief is not necessary.


Possession in fact

As well as establishing actual possession, the claimant must establish that the owner has a cause to sue for eviction during the prescriptive period and before the claim matures. Likewise, a claimant must show that the subject property was either “usually cultivated or improved” or “protected by a substantial enclosure” if it accrued before the 2008 amendments became effective.


Notorious and open

Possession is open and notorious if the adverse possessor’s use of the property is so apparent that an owner could notice it by casual inspection. Accordingly, a subterranean encroachment generally isn’t considered open and notorious. An unreachable use by the owner is also not considered open and notorious.


The exclusive

The Adverse Possession NY must prove they were the only ones who cared for and improved the disputed property as if it were their own, exercising exclusive possession and control. Providing the claimant’s use of the disputed property is separate and exclusive from the use of the general public. Adverse possession does not cease if others use the disputed property.

Alternatively, where the claimant’s use relates to the use of the owner and the general public, it is not exclusive. He was still entitled to exclusive use of the dock. Even though he did not grant use to the general public and built, maintained, and controlled it. It was not on his property, even where friends and neighbors used it.


Possession in the Continuous

Claimants must prove uninterrupted possession of the disputed property for the prescriptive ten years to establish continuous possession. As soon as possession becomes adverse to the owner, which occurs generally but not always at the time of entry, this period starts to run.

A landowner next to the disputed property can satisfy the continuous possession need by adding the time when their predecessor in title adversely possessed the disputed property to when the adverse possessor was an adjacent landowner. Nevertheless, to tack, the Adverse Possession NY must show that the predecessor in title intended to turn over possession and did.


Considerations beyond the above

2008, the Real Property Actions and Proceedings Law was amended to protect title owners against adverse possession claims. A claimant must be especially careful to note that each of the five elements must prove itself by clear and convincing evidence, a heavier burden than most civil actions require.

Careful planning and preparation are imperative for an adverse possession claim to succeed. Furthermore, the claimant may be liable for damages for trespass if unable to establish title by adverse possession.


Adverse Possession of Property in New York: Who Can Claim It?

It is less likely that landowners in New York State will lose their property to adverse possession than in other states.


Adverse Possession of Property in New York: Who Can Claim It?


Most NY State property owners have neighbors who border their land unless they live in high-rise apartments. Using the legal doctrine of “adverse possession. These neighbors might be able to acquire legal title to pieces of your property. In addition, an unknown trespasser could squat on your property for an extended period and claim legal ownership over time.

Please know Adverse Possession NY laws so that your land remains yours and no neighbor can claim it. In addition, you might have to assert an adverse possession claim if you believe. And you’ve established a right to use a particular piece of land and wish to continue doing so.


How to Win NY Adverse Possession Claim?

How to claim adverse possession in new york? You need an attorney who understands the nuances of the law on adverse possession in New York, whether you’re making a claim against your neighbor or if they are. As your lawyer, we must gather and review an array of evidence. This includes surveys, aerial photographs, historical maps, and deeds. You must conduct a “scorched-earth” discovery process, which has not only the documents in your New York adverse possession. Subpoenas were also sent to local surveyors, title companies, and predecessor owners.

Our office has relationships with experts in aerial photography, surveying, and title research. These experts are well-suited to effectively present complex evidence to the court in adverse possession cases.

The laws governing adverse possession can be confusing and complex. It would help if you spoke to an experienced real estate attorney to learn about your legal options, no matter which side of the property dispute you’re on.


A Common Misconception about Adverse Possession

According to the New York Times, a misconception about adverse possession can cause property owners to behave unusually. A day is closed every year for the garden courtyard of Lever House in New York City. So the property owner can assert their claim to it. Over the past half-century, the courtyard has been closed once a year.

Plaques are also set on the pavement around the property to notify the public that the courtyard is private. Even though it is usually open to the public.

Although these stories may sound quaint, the owners of Level House do not have much to worry about adverse possession claims. In New York, for instance, adverse possession claims must be made by parties who have continuously used a property openly and notoriously for ten years. Anyone who claims possession of a private garden courtyard as though it were theirs would likely face opposition.


Boundary disputes and their resolution

In boundary disputes between neighbors, adverse possession is more likely to apply. For example, one neighbor may construct a fence that infringes on another neighbor’s property. After ten years of using the land, the first neighbor has fenced off. And the second neighbor has not complained about the neighbor using his property. The first neighbor may be able to assert possession in real estate over that piece of land.

According to the Daily Record, adverse possession claims are challenging in New York. As of 2008, New York revised its adverse possession laws so that it was easier to make a claim. A significant change is that a claimant must have a reasonable basis for believing that the disputed property belongs to them and that the act must be “sufficiently open” so the owner can challenge it.


How to Determine Continuous Possession?

If the adverse possessor possessed the property for only a few months every year, adverse possession is still possible in New York. The courts need to consider the adverse possessor’s acts of possession and his exercise of dominion and control over the premises when determining if possession is continuous, whether or not he is physically present on the land, and whether this is consistent with the conduct of ordinary owners of similar properties.

If, for instance, you constructed a home, a pool, and a guest house, and the guest house invaded your neighbor’s property, we assume the same facts. As a result of spending most of your time in Florida, you have only lived in the house one month a year for the past 20 years.


Filed an action to quiet title

The neighbor filed an action to quiet title, alleging that your possession over the disputed land was not continuous. You only stayed for one month each year for 20 years, so you did not acquire title by adverse possession.

When deciding what constitutes “continuous possession,” the court looks at the adverse possessor’s acts of dominion and control. This would indicate actual possession, such as the preservation of the premises. The construction of a permanent and substantial structure, the constant repelling of trespassers. And the padlocking and security of the property during their absence.

Despite the physical absence of the adverse possessor. These acts demonstrate dominance and control over the property.


What can a Nassau County Adverse Possession Attorney do for you?

A Nassau County adverse possession attorney is an excellent way to protect your rights. A lawyer can help you with the legal system and protect your interests. Lawyers with expertise in law relevant to your situation will provide you with additional support and expertise. A lawyer can assist you with:

  • Legal advice and guidance
  • Gathering evidence and conducting investigations
  • Calculating liability
  • Evaluating damages
  • Negotiation and mediation
  • Litigation and trial advocacy
  • Orders to be enforced
  • Legal motions


How to Hire a Nassau County Adverse Possession Lawyer

Finding the right lawyer for your case and who will protect your interests is a crucial first step to managing your defense and protecting your rights. Find an adverse possession lawyer in Nassau who is familiar with your case and knows what you want and need. They should also have the necessary experience to achieve the best possible outcome. What to do:

  • Request recommendations
  • Find lawyers online
  • Consultations can be scheduled
  • Experience and expertise in reviewing documents
  • Billing and Fees
  • Your instincts are your best guide



Frequently Asked Questions


How does NY Law define adverse possession?

The adverse possession real estate standards in New York are similar to those in other states. Before claiming title to the land, the AP must prove that the possession has been open and notorious for at least ten years. It has exclusive and continuous use and has controlled the land. The AP must satisfy all of these factors before it can claim title.


How Does NY Law Relate to Fences?

The AP may also use a fence to demarcate the beginning and end of a piece of land, assuming they believed the individual owned the land. Fences can also serve to segment off land that isn’t their own. If the fence was simply a mistake, it does not constitute the new property boundary under the law but merely a fence.


Bottom Line

Owners can protect themselves by taking appropriate measures to prevent adverse possession claims. However, settlers can use adverse possession laws to gain ownership over a property. First, preventing squatters is the best way to protect themselves from adverse possession claims. Also, remember that adverse possession claims are unavailable in all situations and depend on state laws.

Hedy Ghavidel

HEDY GHAVIDEL Managing Attorney  Roseville Office  1-866-471-6981  Bio...

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