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Does the statue of limitations (10 years in NY) regarding adverse possession apply to a current owner or can it be tacked on?

Roslyn, NY |

My neighbor whom bought his home in 2007 has a fence that is encroaching my property nearly 3 feet is claiming adverse possession. I have three surveys including stakes that prove otherwise. His survey also shows the encroachment.

Attorney Answers 3

Posted

In-interrupted tacking is allowed in New York.

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Richard J. Brickwedde

Richard J. Brickwedde

Posted

Do you have a case on that, and if so, could you post it. If so, was there an assignment by the 1st property owner to the 2nd property owner of the adverse rights?

Vincent J. Gallo

Vincent J. Gallo

Posted

A case on point is Belotti v. Bickhardt, 228 N.Y. 296 (1920).

Richard J. Brickwedde

Richard J. Brickwedde

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Posted

Nys recognizes tacking

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Posted

If there is a claim you should attempt to look into both his and your closing documentation. There may have been documentation signed by former owners noting that the former owner of his home acknowledging that the former owner knew that the fence was encroaching on your property. The document may also contain a waiver of the right to make an adverse possession claim on the space (to avoid the need to remove the fence to a proper location). Such documents are required by title insurance companies upon real estate transfers.

Rory Alarcon, Esq., is a New York attorney practicing the areas of Family Law, Matrimonial Law, Foreclosure Defense, Consumer Defense and other areas of general practice primarily in Suffolk & Nassau County. His office, Alarcon Law Firm, practices only in New York State and offers the best attorney rates in the Long Island area. His office may be reached at (631) 867-2348.

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