Legal Question in Real Estate Law in New York
Abandoned property
I purchased a home and land a few years ago. On a corner of the property was an abandoned trailer (rusted out, wood rotten, and tires flat). After about 1 1/2 years, I had the hulk hauled away as trash.
Shortly after, a man claiming to be the owner of the trailer surfaced and claimed I owed him money, as the trailer was a titled property. No mention of this junk was in the home closing paperwork, nor had anyone asked for permission to store this junk on my land. At the time of sale, titled or not, did the trailer become mine to dispose of?
1 Answer from Attorneys
Re: Abandoned property
Depends. If that corner of the property was claimed by adverse possesson prior to you purchashing, the junk belonged to him. Perhaps as well as a portion of the land. But, if no claim, then you had the right to remove it.
You had "notice" of the junk before closing and had a duty to inquire about it. Since it has been abandoned, there can not now be a claim for adverse possession so you need to find out the past history.
I suggest contacting your Title co. for assistance, just in case.
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