Do you lose your time for Adverse Possession once a judgment has been entered?

Asked about 1 year ago - Baldwin, NY

We've been living in the home since 1995 to present and the home was foreclosed on in 2009. We are not the original owners of the home and wasn't on the mortgage or the deed. We want to know since our 10 years have ripened prior to the judgment, do we lose our right to file for Adverse Possession? And whom would we file against?

Attorney answers (3)

  1. Michael T Millar

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Although I have not researched the issue, a transfer in the ownership should not affect your adverse possession claim. The new owner only received what the seller conveyed - which was a property with a adverse possessor in place. You would file against the present owner.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  2. Richard J. Chertock

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You can always file the claim. Whether the facts will support your claim is another story. You file in Supreme Court in the county in which the property lies. To be successful you must be able to prove that you had possession of the premises adverse to the owners interest. In other words open and notorious use for a continuous period of at least ten years. For example, you lived there, maintained the property, paid the taxes and utilities as if you owned it openly for an uninterrupted period of at least 10 years. Sometimes the period has to be 20 years. Also that during that period no one else made any claim to ownership or disputed your right to occupy the premises. If you can prove all of that then you may be able to gain ownership by adverse possession. This is very technical in nature and you should not attempt to pursue this matter on your own. Consult an experienced real estate litigator.

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  3. Constantine T Mariolis

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Adverse possession means that you possessed someone else's property for the required period of time. If the required period elapsed before the foreclosure, there is no reason to be concerned about the foreclosure. If it did not, then you are most likely still ok.

    Keep in mind that adverse possession is not the same as title. All you have is the right to file a lawsuit and be heard by the judge. If the judge thinks you are right, then, and only then, do you have title to the property. Until the judgment issues, all you have is a claim.

    You should consult a lawyer to bring your claim as soon as possible.

    My answers are general in nature based upon very short, and often incomplete questions. Please do not rely upon... more

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