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NY law on adverse possession, NY real estate law adverse possession

Asked over 3 years ago - Boston, MA

My sister has lived in a home owned by her in-laws for the past 23 years. Her in-laws live next door. She has maintained the home and property and paid $50k for an addition on the house about 10 years ago. Her husband has asked for a divorce. Does she have any stake in this property through adverse possision?
The property is in New York.

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Attorney answers (2)

Clifford L. Tuttle Jr.

Reputation Level 14

Answered over 3 years ago. Landlord / Tenant Lawyer in Pittsburgh, PA.

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The law of adverse posession has been changing lately. You need to give more facts to a New York real estate lawyer. You can find one on AVVO, preferably in the same County as the land is located. HOWEVER, adverse posession may not be the only factor involved. It is possible that she has acquired an equitable interest in the property by virtue of her constructing an addition. Again -- more facts, New York real estate lawyer.

CLT

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Robert Roth

Reputation Level 8

Answered over 3 years ago. Real Estate Attorney in Brooklyn, NY.

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Adverse possession?

It seems like your sister was a tenant of her in-laws, hardly grounds for an adverse possession claim.

Besides that, here are a few questions:

1. To whom were the real estate tax bills sent by the Department of Finance?

2. Does there exist any writing between the owners and your sister with respect to her "residency" on the property?

3. Did they ever ask her to leave and if so, did she refuse?

4. Is there (or was there in the past) a mortgage on the property? If so, who paid it?

While this is not a substitute for an in-person consultation, I have to tell you that my impression is that this is a weak claim.

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