Legal Question in Real Estate Law in New York

Squatters right

I have maintained a 20 foot by 200 foot

strip of property for the past 20 years.

Do I have any legal claim to this land?


Asked on 4/30/08, 7:35 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Squatters right

There are five essential elements necessary to constitute an effective adverse possession. Specifically, the possession must be: (1) hostile and under a claim of right; (2) actual; (3) open and notorious; (4) exclusive; and (5) continuous for the statutory period. The statutory period is 10 years.

Just because you have grounds for ownership under adverse possession does not mean that you automatically have ownership of the property. You still have to commence a court action. In the action you will still have the burden of proving the 5 grounds listed above.

Mike.

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Answered on 4/30/08, 7:53 am


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