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Adverse Possession

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not2cleverRed

Obvious Observer
For adverse possession in New York, you must not only openly use the land as if it was yours for 10 years or more, you also must be paying taxes on the property.

You might seriously consider moving the fence and removing at least the part of your garage that sits on the neighbor's property.
Citation. please?
 

HRZ

Senior Member
NY changed the adverse possession laws about 2008, but your fact pattern may fall under prior law. I remember seeing something about necessity to pay taxes ..but don't have it handy...but if your garage was assessed and taxed then you did pay taxes anyway . Before you start tearing garage down ...check out more carefully if advearse possession applies . Your buyer may not want to,sit about and wait...that's a different problem ..but new owner may be able to "tack " on your facts and times to,claim it himself...state requirements to preserve tacking may vary ...
 

quincy

Senior Member
Citation. please?
Just saw this. :)

Here is a link to information but I did not verify: https://statelaws.findlaw.com/new-york-law/new-york-adverse-possession-laws.html

As a note: The fence is not the issue that the garage could be. Under New York's new law, fences are permissive uses, not adverse, because they are non-structural. You cannot claim adverse possession based on fence placement (or shrub or tree or garden placement).

If permission is granted a neighbor by a property owner to use the property owner's property, that also works against a claim of adverse possession.

Moving the fence and tearing down or moving the garage is probably the best solution here.
 
Last edited:

not2cleverRed

Obvious Observer
Just saw this. :)

Here is a link to information but I did not verify: https://statelaws.findlaw.com/new-york-law/new-york-adverse-possession-laws.html

As a note: The fence is not the issue that the garage could be. Under New York's new law, fences are permissive uses, not adverse, because they are non-structural. You cannot claim adverse possession based on fence placement (or shrub or tree or garden placement).

If permission is granted a neighbor by a property owner to use the property owner's property, that also cannot be used to support a claim of adverse possession.

Moving the fence and tearing down or moving the garage is probably the best solution here.
My issue is that HRZ said that the property taxes had to be paid by the party adversely possessing property. That is true in some states, but I have yet to see any reference to paying the property taxes in NY state as one of the components of adverse possession. http://www.tourolawreview.com/2013/05/new-yorks-adverse-possession/
 

quincy

Senior Member
My issue is that HRZ said that the property taxes had to be paid by the party adversely possessing property. That is true in some states, but I have yet to see any reference to paying the property taxes in NY state as one of the components of adverse possession. http://www.tourolawreview.com/2013/05/new-yorks-adverse-possession/
I think HRZ might have been repeating what I had said earlier. :)

Paying property taxes on property is one way to show legal title.
 

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