Does anyone know the New York State Law on "Adverse Possession"? How long does a person have to occupy a properiety before it is legally theirs? How often does this happen in NY State?
2006-10-01 10:14:06 · 4 answers · asked by Blackbird2004 2 in Business & Finance ➔ Renting & Real Estate
It was 15 years about 8 years ago. I'm not sure if it has changed in the time to the present. Check the legislation or contatct the Attormey General's office. In most states adverse possession is 20 years and a few have longer terms than that. It must be open, "notorious", continuous and longer than the time required.
D.
2006-10-01 10:27:20 · answer #1 · answered by Dan S 6 · 1⤊ 0⤋
Ten years or longer. However, the person must meet several qualifier before he can do that. The most important test would be whether the legal owner knows about it and did nothing about it for all that time and that whether the claimer(encroacher) knowingly did that as well. The following is an actual court case in NY.
http://www.finkelsteinnewman.com/June2006Newsletter.pdf#search='adverse%20possession%2C%20new%20york'
2006-10-01 10:34:41 · answer #2 · answered by robert S 4 · 0⤊ 0⤋
the rule is you need to have open and noterours use of a property for 10 years to claim adverse posession however new york state disfavors this practice and you need to really be able to prove it.
see the below link to get a better of idea of what you are up against.
good luck
2006-10-01 11:05:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You can find your answers here, from our research department
LAWS: http://public.leginfo.state.ny.us/menugetf.cgi
STATE’S WEB SITE: http://www.state.ny.us/
State bar Association: http://www.nysba.org/
Adverse Possession laws: http://law.justia.com/newyork/codes/real-property-actions-proceedings/idx_rpa0a5.html
Happy research.
Buena Suerte
2006-10-01 12:41:23 · answer #4 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋