Adverse possession is a doctrine in which a person can acquire title to land that is owned by someone else if certain legal requirements are met. Basically, this situation arises when someone publicly moves onto and improves a neglected piece of property. However, adverse possession can also occur when a neighbor uses a small portion of your land.
In New York, a person claiming title by adverse possession must possess the property continuously for 10 years. During this time, the adverse possessor must be in actual use of the property and publicly holding himself/herself out to be the owner of the property. Once the adverse possessor has satisfied these legal requirements, he/she can bring a lawsuit to quiet title in order to legally establish ownership of the property. The adverse possessor cannot enforce his/her rights without a judgment from the court.
James G. Dibbini & Associates, P.C. has experience representing clients from either side of an adverse possession action. We can help you enforce your rights and protect your property. Please do not hesitate to call us at (914) 965-1011 so we can get started on your case.