Legal Question in Real Estate Law in New York
Absent possession?
In the state of new yrok, how many years must one live in an apartment (or posess a property) before it's considered ''absent posession'' (i.e. - the person has right of posession by having been there for X years)?
Are there are links/references I can find on this matter?
3 Answers from Attorneys
Re: Absent possession?
Are you serious? You sent your query to a California attorney, but even though I am not licensed in New York,as far as I know, there is no such thing as "absent possession" in any state. You may be thinking of "adverse possession," but that involves a great many other factors beyond simply occupying a property; for example, if you paid rent at any time during your occupancy, you are not occupying adversely.
Re: Absent possession?
I think you mean "adverse" possession, which means you are not the owner and are not there with the owner's consent or permission. It does not apply to a legitimate tenancy or use with the owner's consent or permission. More information is needed to properly respond. How did you get possession? Does the owner know you are living there? Do you pay rent or other fees for the occupancy? Who pays the bills for the property? Was the property abandoned by the owner? These are just some preliminary questions that need to be answered.
Re: Absent possession?
Adverse possession is 10 yrs.
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