Legal Question in Real Estate Law in New York

ownership of property

When you pay tax, and maintain a piece of property for over ten years , what is the type of ownership that it is called, i know there is a specific typebut i cant recall it, any help you can give would be appreciated.


Asked on 1/26/05, 7:35 am

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: ownership of property

You prob are referring to Adverse Possession but just maintaing the property may not be enough.

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Answered on 1/26/05, 9:28 am
Kevin Connolly Kevin J. Connolly

Re: ownership of property

Another term for this is "title by prescription." To sustain the claim, your possession must be open, notorious, and under a claim of right. That last one is very tricky; for example, if you and your neighbor spoke about an awkward bit of land and he said you could use it (e.g., for a barbecue pit or a sandbox) this will not give rise to title by prescription because you're using the land with the neighbor's permission.

Most attorneys call in a specialist in this highly arcane area of the law rather than handle it themselves. It's enough to give even the most experienced attorneys conniptions.

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Answered on 1/26/05, 10:24 am


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