Legal Question in Real Estate Law in New York

Re: maintaining property for 20 years

You can not claim possession of this property by adverse possession as it is government owned.

Even if you could you could not do it in small claims court.

What you could do is request that they "quit claim" it to you.

Write a letter to the Town Supervisor/Commissioner explaining. Copy the letter to all "powers that be" in your Town.

Go to the Town meetings and make your request on the record.

Last resort, offer to pay for it.

Good Luck.

Re: maintaining property for 20 years

I agree with Debra that "adverse possession" does not apply. It sounds like this was a paper street, never used by the Town. If you ask the Town to abandon it, only one-half would go to you, with the other half (split down the middle) going to your neighbor. I suggest advising the Town you had been maintaining it (presuming it is actually a paper street) and that you may have a claim for reimbursement of your costs. Rather than raise the claim, you should suggest they "sell" it to you, allowing the costs you spent to be applied to or covering the purchase price. By purchasing it, you get the entire strip, not just a portion. Be careful, as the Town must advertise the sale, and your neighbor could make a claim or also offer to buy it. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.