Full question:
adverse possesion
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: New York
Answer:
Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. In general, the acts of possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, etc., so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession. Payment of real property taxes and making improvements (such as paving or fencing) for the statutory period, which varies by state, are evidence of adverse possession but cannot be used by a person with no claim to title other than possession. Certain public property is not subject to adverse possession. Some states require that the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so. In addition, many states require concurrent the payment of property taxes for a specified period of time, and a few states also require that improvements be made upon the land. Eventually, the possessor is required to file for title with the county recorder. The actual owner then has a limited amount of time in which to challenge the newcomer's title. Essentially, the owner's only argument is to claim some sort of disability; such as age, mental instability, or imprisonment. The owner is not required to do much in order to stop the possessor from acquiring title; merely sending the possessor a note granting permission to be there will usually suffice. Various rules exist regarding the continuousness of the possession and the ability to "tack" various periods of possession together in order to satisfy the time of possession requirement.
The period for adverse possession in New York is 10 years. Please see the NY statutes below for more detailed information.:
§ 511. Adverse possession under written instrument or judgment.
Where
the occupant or those under whom the occupant claims entered into the
possession of the premises under claim of right, exclusive of any other
right, founding the claim upon a written instrument, as being a
conveyance of the premises in question, or upon the decree or judgment
of a competent court, and there has been a continued occupation and
possession of the premises included in the instrument, decree or
judgment, or of some part thereof, for ten years, under the same claim,
the premises so included are deemed to have been held adversely; except
that when they consist of a tract divided into lots, the possession of
one lot is not deemed a possession of any other lot.
§ 521. Adverse possession not under written instrument or judgment.
Where there has been an actual continued occupation of premises under a
claim of right, exclusive of any other right, but not founded upon a
written instrument or a judgment or decree, the premises so actually
occupied, and no others, are deemed to have been held adversely.
§ 512. Essentials of adverse possession under written instrument or
judgment.
For the purpose of constituting an adverse possession, founded
upon a written instrument or a judgment or decree, land is deemed to
have been possessed and occupied in any of the following cases:
1. Where there has been acts sufficiently open to put a reasonably
diligent owner on notice.
2. Where it has been protected by a substantial enclosure, except as
provided in subdivision one of section five hundred forty-three of this
article.
3. Where, although not enclosed, it has been used for the supply of
fuel or of fencing timber, either for the purposes of husbandry or for
the ordinary use of the occupant.
Where a known farm or a single lot has been partly improved, the
portion of the farm or lot that has been left not cleared or not
enclosed, according to the usual course and custom of the adjoining
country, is deemed to have been occupied for the same length of time as
the part improved and cultivated.
§ 522. Essentials of adverse possession not under written instrument
or judgment.
For the purpose of constituting an adverse possession not
founded upon a written instrument or a judgment or decree, land is
deemed to have been possessed and occupied in either of the following
cases, and no others:
1. Where there have been acts sufficiently open to put a reasonably
diligent owner on notice.
2. Where it has been protected by a substantial enclosure, except as
provided in subdivision one of section five hundred forty-three of this
article.
§ 212. Actions to be commenced within ten years.
(a) Possession
necessary to recover real property. An action to recover real property
or its possession cannot be commenced unless the plaintiff, or his
predecessor in interest, was seized or possessed of the premises within
ten years before the commencement of the action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
