Legal Question in Wills and Trusts in New York

Adverse possession of vacant Land

I have an additional �complication� for the law school exam� The land is a vacant lot that is only 30� X 90� across the street from my Aunts house. She has deeded title to the lots on either side of it (all 3 lots are the same size).

Does she need to place a structure on it that spans the lot that is deeded in her dead sister�s name, or can attempt possession of a vacant lot?

The original question was ''does paying taxes on land entitle you to ownership'' posted 2/6/2009

The land is only valued at $800, since it is not buildable (need 70� of frontage). If I put 2 lots together I might be able to get a variance, then attempt squatters rights to part of the disputed lot???? These lots are not worth very much and I can�t really afford to buy them all, or pay a lot to get clear title, but the way things are going, I�m afraid what�s left of my grandfather�s farm is going to end up as property of the state�.

These lots were left to my Mom and Aunts back in the 1950�s when their parents passed. There were originally 6 all in a row. Only 5 are still owned by ''family''


Asked on 2/06/09, 10:01 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Adverse possession of vacant Land

If the land is fenced in with other other lands (even if vacant), that would be an argument for adverse possession. You do not necessarily have to build a structure on the vacant land.

Mike.

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Answered on 2/06/09, 10:07 am


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