Legal Question in Real Estate Law in New York
One of four sisters not on deed
My 89 year old grandmother had 3 older sisters. She was the youngest by over 10 years. When my great-grandfather passed away, her older sisters were put on the deed. She was not because she was, at the time, ''the baby''. Her sisters have all since passed. She has lived in the house for about 20 years and has paid property tax every year. There has never been a lease of rental agreement between herself and/or the ''next of kin'' who are now on the deed, although they were all aware that she lived there. She has paid for all maintenence fees as well as utilities for this 100+ year old house. I have heard of ''adverse possession''. She was never disinherited. Does she have a right to be on the lease?
3 Answers from Attorneys
Re: One of four sisters not on deed
Under New York Law one can claim title by adverse possession generally if possession was "open, visable, notoriously hostile, exclusive and under a claim of right" and occupied for a period of at least 10 years. In your case it seems that it would be easy to establish. It would be a good idea to bring an action in court to have a judge rule on the possession. This judgement - signed by a judge - could then be filed or recorded at the appropriate county office of deeds. As long as there is no party opposing the action, it should be able to go through without a problem. Call (917) 257-3341 if you have further questions.
Re: One of four sisters not on deed
I disagree with attorney Kochel's assesment of the situation. You say that the "next of kin" are on the deed and all aware that grandma lives there. Your grandmother is living there with their permission which negates the elements of adverse possession such as "hostile, adverse and with a claim of right".
Re: One of four sisters not on deed
Ms. Plazzo makes a valid point, although I would say that the right answer depends on information you have not provided. Although you stated that the record owners are aware of the occupant, their actual position is unclear.
In any case, I strongly disagree with Mr. Kochel's advice. "Adverse possession" more accurately viewed as a statute of limitations that might prevent the record owners from exercising rights against the occupant. As Ms. Palazzo's response implies, the doctrine is rarely applicable. Based on the limited information provided, I would not be so quick to suggest an offensive maneuver which could cost your grandmother her home.
Finally, the way you posed your question confuses me. What lease are you referring to? Feel free to call me at 212-367-9167. I do not charge a fee for the initial consultation.
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