Under New York law, in certain circumstances, a person can claim ownership of property even if they do not hold the deed to the property. This concept is referred to as adverse possession. A person attempting to adversely possess a property must demonstrate the following:
- Continuous possession: Person must occupy the property for 10 years without interruption.
- Open and notorious use: Person must use the property in a way that is obvious to others, including the legal owner of the property.
- Exclusive use: Person must be the sole user of the property.
- Hostile: Owner of the property must not have given the person permission to possess the property.
- Claim of right: Person must believe they own the property and act as if it is theirs.
When a person files a claim to adversely possess a property, there is a possibility that the owner of the property will attempt to refute the claim. The court will carefully evaluate the actions of the parties involved before determining whether the above factors have been met.
If a person’s adverse possession claim is successful, the party may claim ownership of the real estate. If you are the owner of the land, you can prevent a party from adversely possessing your property by keeping track of your unused lands. If you see that another party is using your land on a regular basis, it may be in your best interest to give them permission to use the land. Permission would essentially prevent the other party from gaining ownership through adverse possession.