Legal Question in Real Estate Law in New York

The real property laws of New York recently changed regarding adverse possession --- the situation which you describe. The law now requires a "good faith" element --- the occupant has to believe that he has a claim to the property. Also, the legislature has included that "de minimus" non-structural encroachments like fences,hedges, shrubbery,plantings sheds and non-structural walls, are now considereed to be allowable and cannot be considered adverse. Acts like lawn mowing or similar maintenance across the boundary line will be considered "non adverse" under the new laws. This is all good news for the landowner because none of these actions are the basis for an adverse possession claim by a squatter/occupier any more.

So, send him a letter with a copy of your deed (which is a public record --- you are not sending him a confidential document) showing that you own the land and demand that he stop trespassing immediately.

Good luck.

Sarah Scova Klug, Esq.

Poughkeepsie, NY

845-790-2204 (p)

845-790-2203 (f)