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adverse possession
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1 headnote for adverse possession
More than 10.000 documents for adverse possession
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Gov. David A. Paterson signed S.7915-C/A.11574-A into law in July 2008. The law purports to clarify the statutory standards required to establish a claim of adverse possession. According to its sponsor, state Sen. Elizabeth Little, the new law "reflects a policy aimed at settling adverse possession claims based upon a good faith standard which should not be used offensively to deprive a landowner of their real property.
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For a party to successfully claim title by adverse possession, that party must prove, by a standard of clear and convincing evidence that the possession is (a) actual; (b) hostile and under a claim of right; (c) open and notorious; (d) exclusive; and (e) continuous for the prescriptive period of 10 years, Dickerson Pond Sewage Works Corp. v. Valeria Assoc., 231 A.D.2d 488, 489 (Second Dept. 1996). Adverse possession claims are not favored by the courts, Gallea v. Hess Realty Corp., 128 A.D.2d 274 (Fourth Dept. 1987), aff'd 71 N.Y.2d 999 (1988).
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When considered as part of a system that contains other, superior mechanisms for addressing problems such as innocent improvements and old title defects,7 adverse possession can best be understood as a doctrine of efficient trespass.8 It should work in concert with legal remedies that apply before the statute of limitations runs to test the relative valuations of record owners and encroachers and to winnow out those situations in which consensual market transactions cannot accomplish transfers of land to much higher-valuing users. Likewise, modern scholars register amazement that courts would ever require bad faith,12 and overwhelmingly argue that good faith claimants should be favored by the law.13 At one level, then, the argument presented here offers a belated justification for a no...
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Adverse possession
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[Phillip Bulgar], assistant manager of Manna's Soul Food & Salad Bar, sees what's going on as "gentrification." "They want corporate entities, they want big businesses, they don't want the small, independent businesses no more," said Bulgar. Manna's has been a part of the Harlem community since 1991 when it was "vastly* different from what it is now. "Now that the community is safer and cleaner than it has probably been since the 1930s or '40s, these new owners [Kimco Realty] want to walk in here and just start putting the small businesses out. [Chris Ganley] believes that what is happening to businesses is "terrible" and he notices a change. "I've noticed a big change for the last five years out here. Ever since Clinton came into office over here, they're moving a lot of the Black...
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is the taking of title to real estate by possessing it for a certain period of time. Title means ownership of real estate. The person claiming title to real estate by must have actual possession of it that is open, notorious, exclusive and adverse to the claims of other persons to the title. By its very nature, a claim of is hostile to the claims of other persons. It cannot be hidden but must be open and notorious in order to put other persons on notice as to one's claim for possession of the real estate. A claim to title by often must be made under color of title. Color of title means a claim to title by way of a fact which, although on its face appears to support a person's claim to title, is in some w...
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These days, there are many opportunities to take advantage of reduced real estate prices. Potential property buyers are, no doubt, conducting inspections, including examinations of any structures and investigations into environmental conditions. Although less common, prudent buyers also may choose to inspect for potential loss of property rights to neighbors. There may be good reason to inspect for loss of property rights. If the seller or a prior owner acquiesced to a neighbor's use of a portion of the property for at least 10 years, the seller may no longer have all rights to that portion. Here is an example.
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Real Property Adverse possession
