The concept of adverse possession in real estate states that a person living on a neglected piece of property and who increases its value by caring for it may become entitled to ownership rights over time. Some people also refer to adverse possession as “squatter’s rights.” In other words, it is possible that a person who did not buy and pay for land could be determined by the court to own it. Adverse possession is an ancient legal doctrine that can be traced back to 13th Century English law. It is also closely related to the doctrine of prescriptive easements. Adverse possession laws most commonly affect adjacent property owners. A property owner who builds on to the adjacent property owner’s land (or notoriously and openly uses the land for a period of 10 years or more); in such cases the original property owner may pursue an adverse possession claim.
At The Price Law Firm, we represent both property owners who are seeking to file an adverse possession claim and those who have had a claim filed against them. We can help you explore your legal options and protect your property rights. Contact our New York adverse possession lawyers to learn how we can help
Adverse Posession Laws in New York
New York’s adverse possession doctrine has been in place for centuries. In certain situations involving adjacent properties, the owner of one property may build something that spills over onto the other property owner’s land. They may use the land for years or decades without knowing. Now, in certain situations per adverse possession laws, the person who uses the neighbor’s land — knowingly or not — now claims the land.
How Do You Win An Adverse Possession Claim?
Whether you are making an adverse possession claim yourself, or your neighbor is making one against you, you need a lawyer who is familiar with all of the intricacies of the rapidly changing law of adverse possession. That’s where Price Law Firm comes in. As your lawyer, we must collect and thoroughly review a vast array of evidence, including surveys, aerial photos, historical maps, deeds, easements, covenants and many other documents that may be on file in the County Clerk’s office and the local municipalities. You need a “scorched earth” discovery process that covers not only documents in the parties’ possession but uses subpoenas to local surveyors, title companies, predecessor owners and other sources.
When it comes to the trial (or a summary-judgment motion), The Price Law Firm has to present this evidence to the court by calling on experts in a variety of fields. Our office has built relationships with top experts in the fields of aerial photography, surveys and title research who are ideally suited to present the complex evidence involved in adverse possession cases effectively to the court.
Adverse possession laws can be complex and confusing. No matter what side of a property dispute you are on, it is important to talk to an experienced real estate attorney about your legal options.
Ensure that your property rights are protected. Contact a real estate attorney by calling us. We represent land owners in New York City (Manhattan, Brooklyn, Queens and the Bronx) and on Long Island (Nassau and Suffolk).