NYC Adverse Possession Attorney

Adverse possession refers to taking land that is adverse to the landowner’s interests, which may create many complications for landowners who may find their ownership rights threatened. 

While adverse possession can provide an opportunity for individuals who have long used a property without formal ownership to secure legal rights, an adverse possession case can be very complex, often requiring experienced legal representation to establish a successful claim. 

If you have questions about adverse possession or need a real estate attorney in New York City, Richman Law Firm PLLC may be the answer. Contact us today for a free consultation.

Understanding Adverse Possession

Adverse possession involves the acquisition of title to another’s property through continuous possession without the owner’s permission over a statutory period of ten years. This principle is based on a property owner not exercising their rights within a specific time frame and losing those rights to someone who does.

Adverse possession laws in New York require careful navigation. It is crucial to understand that not all possession or use of another person’s property results in a successful adverse possession claim. Specific criteria must be met; each case is unique and requires closer examination. Having an attorney with a strong background in real estate law is essential for handling complex adverse possession claims.

Legal Representation for Landowners

Fighting an adverse possession claim presents property owners with many challenges, including gathering sufficient evidence to disprove the claimant’s right to the property.

The process can be further complicated by the loss of use of the disputed property area, leading to financial and emotional strain. If you are a landowner facing an adverse possession claim, knowledgeable legal representation is essential to protect your property.

Legal Representation for Adverse Possessors

Adverse possessors initiating a claim must meticulously document their use of the property to meet the stringent possession criteria.  Despite the difficulties, some view adverse possession as a means to rectify situations where land has been abandoned or neglected. Yet, it remains a legally complex path to property ownership.

Legal Grounds for Adverse Possession Claims

To establish a claim of adverse possession in New York, the claimant must meet certain criteria. Each element carries a specific legal meaning and requires careful examination.

Hostile Use

Hostile use refers to the possession and use of the property without the legal owner’s permission. It does not necessarily imply aggression or ill will; instead, it denotes a clear infringement on the owner’s exclusive rights to the property.

Actual Use

Actual use requires that the claimant physically used and occupied the property in a manner consistent with typical ownership. Mere awareness or occasional use of the land is insufficient. The claimant must show they have treated the property as their own over an extended period.

Continuous Possession

The claimant must show continuous possession for a statutory period — ten years in New York. This does not mean constant presence on the property but regular and consistent use without significant interruptions.

Open and Notorious

The possession must be open and notorious, meaning it is visible and apparent to anyone who chooses to look. This requirement ensures that a valid owner has an opportunity to notice the adverse possession and take action if desired.

Exclusive Possession

Exclusive possession refers to a situation where the claimant has held property without interference from others, including the true owner. Proving you have applied maintenance and improvements to the property can help ascertain that only you have exclusively cared for it. 

Defending Against an Adverse Possession Claim

While the hurdles for establishing a valid adverse possession claim are high, property owners are not left defenseless. They may challenge adverse possession claims by proving that claimants were allowed to use their property, possibly invalidating claims of hostile use.

A strong case may also show that the possessor’s use does not meet the adverse requirements under a claim of right, meaning the land was possessed sneakily with the goal of gaining title. Property owners may also show that the adverse possession was not sufficiently open and notorious, continuous, exclusive, and actual for the required period.

The original property owner can pursue legal recourse if someone is encroaching on their land. Property owners may be able to prove that the possessor’s belief in ownership was not reasonable. The strict criteria for adverse possession in New York provide property owners with leverage in defending against claims.

The Role of Quiet Titles in Adverse Possessions

Adverse possession cases can significantly impact property titles. If specific conditions are met, a person can acquire legal title to real property owned by someone else, such as a neighbor’s property.

After the prescriptive period for adverse possession has passed without action from the owner, the owner’s remedies cease, and the title may pass to the adverse possessor.

A quiet title action is a lawsuit filed to establish property ownership in real estate disputes. In adverse possession cases, it can be used by the adverse possessor to obtain a court order recognizing their ownership of the property.

Filing a quiet title action can be an essential step for those who have met the criteria for adverse possession. This legal action can help solidify the adverse possession case, providing them with a clear title that is recognized by courts and can be used for future transactions.

For landowners, a quiet title action represents an opportunity to challenge the adverse possessor’s claim. They can present evidence to dispute the use of the property or demonstrate that they did not abandon their property rights.

Whether you are a landowner or possessor in New York City, our law firm is always ready to represent clients in adverse possession cases. Give us a call.

Contact Us for a Free Consultation

Hiring adverse possession lawyers is important in addressing property disputes. These professionals can provide practical assistance in adverse possession laws, offer free case evaluations, and help explore all legal options for stakeholders involved in real estate transactions.

Whether you are a landowner or adverse possessor seeking to establish your legal rights to a property, Scott Richman is your NYC adverse possession attorney who can provide the guidance and representation you need. Contact us today for a free consultation.