Re: One of four sisters not on deed

Under New York Law one can claim title by adverse possession generally if possession was "open, visable, notoriously hostile, exclusive and under a claim of right" and occupied for a period of at least 10 years. In your case it seems that it would be easy to establish. It would be a good idea to bring an action in court to have a judge rule on the possession. This judgement - signed by a judge - could then be filed or recorded at the appropriate county office of deeds. As long as there is no party opposing the action, it should be able to go through without a problem. Call (917) 257-3341 if you have further questions.

Re: One of four sisters not on deed

I disagree with attorney Kochel's assesment of the situation. You say that the "next of kin" are on the deed and all aware that grandma lives there. Your grandmother is living there with their permission which negates the elements of adverse possession such as "hostile, adverse and with a claim of right".

Re: One of four sisters not on deed

Ms. Plazzo makes a valid point, although I would say that the right answer depends on information you have not provided. Although you stated that the record owners are aware of the occupant, their actual position is unclear.

In any case, I strongly disagree with Mr. Kochel's advice. "Adverse possession" more accurately viewed as a statute of limitations that might prevent the record owners from exercising rights against the occupant. As Ms. Palazzo's response implies, the doctrine is rarely applicable. Based on the limited information provided, I would not be so quick to suggest an offensive maneuver which could cost your grandmother her home.

Finally, the way you posed your question confuses me. What lease are you referring to? Feel free to call me at 212-367-9167. I do not charge a fee for the initial consultation.