Addressing Adverse Possession Claims
Be extra careful if you realize that one or more neighbors have been treating a portion of your land as if it belonged to them. Neighbors may have even informed you that part of your property is essentially theirs. In certain situations, New York laws do allow property owners to assume ownership of neglected land that they have occupied or improved. That is the nature of adverse possession — and you may be at risk of complications to your title if the situation continues. Talk to a lawyer to clarify your rights.
Be Aware Of Requirements For Adverse Possession To Take Effect
Adverse possession laws exist to account for situations where people make good use of otherwise idle land. However, restrictions prevent unjustifiable outright land grabs. Requirements include that:
- The occupier has acted as possessor of the land for 10 years or longer — and:
- The possession has been open and notorious, so that the original land owner should have known of the occupier’s possession, but did not do anything about it.
Regardless of which side of a land possession dispute you are on, you need legal counsel to know and protect your rights. Our Buffalo real estate litigation firm is here to represent your interests.
Clarify Your Goal And Go After It: Legal Title To Property Or Retention Of Private Property You Consider Yours
Duggan Pawlowski & Cooke LLP in Buffalo can help you pursue your objective of:
- Claiming land you have cared for and obtaining a clear title to it — or:
- Defending your right to retain ownership of your land that someone else has been using.
What if you believe you are the rightful owner and did not know someone else was occupying or improving that land? Adverse possession is not applicable when use has been secretive.
Or what if you have devoted work and attention to abandoned real estate and can prove to a judge that the owner named on the title knew of your actions over 10 years or longer? You may be justified in bringing an adverse possession action.
You may be the plaintiff or defendant — and we are here to help you pursue your objective. We pledge to take action on your behalf efficiently, cost-effectively and with a determination to achieve your goals.