Legal Question in Real Estate Law in New York

Adverse Possesion - Hostile, Actual, Exclusive components

There has been a claim on a portion of our lakefront property using the 'Adverse Possession' claim. I understand that there are 5 components to justify this claim - hostile, actual, open/notorious, exclusive and continuous. Regarding:

Hostile - if 'permission' (unwritten, not documented) has been granted to use the property in question - is this element not established?

Actual - does 'cutting the grass' constitute 'establishing an entry or actual foothold'? What does?

Exclusive - please expalin this element. We have both used this piece of property, we have never told them that they could not use this space, but we use it as well.

Thanks in advance for the reply.


Asked on 1/08/03, 11:38 am

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Shared use is a good defense

If its your property and both parties used it, that is a good defense, however this would be subject to proof (friends at your parties, etc.) If they had put up a fence excluding you then there would be a greater problem defending. Please include the county that this is taking place in on any reply you may make.

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Answered on 1/08/03, 2:37 pm


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