Legal Question in Real Estate Law in New York

My neighbor just filed a lawsuit against me based on a dispute over the boundary line of adjoining properties. His claim is based on the doctrine of adverse possession. Can you explain this to me?

Asked on 7/24/13, 9:35 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

There was a time when if a neighbor started using your land (typically a flower bed) and got away with it for ten years, the land was theirs. Recently, New York's highest court changed the law. If you don't have a deed that you think covers the land in dispute then you can't get it by adverse possession. This dispenses with the insanely-complex rules about the openness and notoriety of the adverse possession. In other words, in order for an adverse possession claim to succeed, there has to be a defect in your title. Notify your title company if you have one. Otherwise, expect a legal bill in the $5,000 range.

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Answered on 9/08/13, 3:36 am

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