Legal Question in Real Estate Law in New York

Any Legal claim?

My father and his siblings were left wooded land that was divided up between them when their parents died. Several siblings told my father that he could have their lots but he never bothered to get deeds from them. All he has is their word, and since then he has been paying the taxes on some of them for 30yrs with the understanding that they were his. It was never an issue until recently, and now my father is afraid that since his brother--name removed--death several months back, that his wife will go back on his word. Since he has been paying for it all these years, is there anything my father can do if she decides she wants claim to it?


Asked on 2/13/06, 12:25 am

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Any Legal claim?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your father has a right to assert a claim for the taxes he paid on the property.

Unfortunately, since there is no written document, he has no claim for the land.

However, if he has used the land for more than eighteen (18) years, openly and notoriously, he may have a claim for adverse possession.

Feel free to have him call me with any further questions. I would also need more information to peroperly advise him.

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Answered on 2/13/06, 6:56 am


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