Legal Question in Real Estate Law in New York
Adverse Possession with a twist
Please advise how to proceed with Adverse Possession for a property in upstate New York that is owned by a deceaded individual with no relatives, liens, mortgages or connections. I am going to pay the taxes. To this end, is there a waiver to the 10 year waiting period; there will be no objection from the person in question.
Thank You for your help
2 Answers from Attorneys
Re: Adverse Possession with a twist
Twist indeed. The term is "adverse," which means that if you possess with the consent or sufferance of the true owner, the possession is not adverse and you could be in for trouble. Need to know, one would, the reason why title you cannot obtain from one who puts so little value thereon that abandon the property he would. In trouble, know that you are, when one responds in Yoda-speak.
In other words, this transaction is like, from another planet. You need to talk to a lawyer and give the lawyer some inkling as to what in God's green earth you are trying to achieve and why you are trying to skin the cat by teasing it with a blunt spoon.
Not legal advice is this message. With an invoice it would come if legal advice it were. Speak with an attorney you should before proceeding with your transaction.
Re: Adverse Possession with a twist
Thsi requires a lawsuit in the Supreme Court in the county of the property. Why pay taxes on it when you do not own it...and it may not become yours?
You will need an attorney to prepare the appropriate pleadings and affidavits.
Good Luck
RRG