Expert Adverse Possession Lawyer in New York

Adverse Possession Lawyer

Adverse Possession Lawyer: Protect Your Property Rights

An adverse possession lawyer can help you navigate complex property disputes. At our law firm, we specialize in handling adverse possession cases for clients throughout New York. Whether you are filing a claim or defending against one, our experienced team ensures your property rights are protected.

Understanding Adverse Possession

Adverse possession allows an individual using real property for a specific time and in a certain way to claim title to that property. To succeed, the claimant must prove:

  1. Hostile Use: Use without the owner’s permission.
  2. Actual Use: Physical, not theoretical use of the property.
  3. Exclusive Use: Use without sharing with others.
  4. Open and Notorious Use: Use the property as the real owner would, not in secret.
  5. Continuous Use: Use over a specific period, typically ten years in New York.

Representing an Adverse Possession Claimant

When representing a client attempting to gain title through adverse possession, we file a summons and complaint in the appropriate court. Our goal is to prove each required element with compelling evidence.

Defending Against Adverse Possession

If you are defending against an adverse possession claim, our objective is to disprove any element of the claimant’s case. We utilize a thorough investigation and a strong legal strategy to protect your property rights.

Litigation and Appeals

Our lawyers have extensive experience both defending and bringing adverse possession claims. Under New York law, a person claiming ownership through adverse possession must satisfy:

  1. Statutory Requirements: Property must be “cultivated or improved” or “protected by a substantial enclosure” (RPAPL § 522).
  2. Common Law Elements: Possession must be hostile, under a claim of right, actual, open, notorious, exclusive, and continuous for the statutory period.

There is a presumption that the record owner possesses the property, placing the burden of proof on the claimant.

Why Choose Our Law Firm

Our law firm understands the complexities of adverse possession law and the importance of detailed evidence. We work diligently to collect and review a wide array of documents, such as surveys, aerial photos, historical maps, deeds, easements, and covenants. We also engage top experts in aerial photography, surveys, and title research to present complex evidence effectively.

Applications of Adverse Possession

Adverse possession claims often arise in situations involving:

  • Boundary Disputes: Clarify property lines when there are disagreements with neighbors.
  • Defective Titles: Resolve errors, omissions, or complications that invalidate ownership.
  • Inheritance Disputes: Determine rightful ownership among multiple heirs.
  • Removing Lienholders: Clear unjustified liens from the property title.
  • Adverse Possession Claims: Establish ownership when property has been used openly and continuously for ten years.

How to Win an Adverse Possession Claim

Winning an adverse possession claim involves meticulous preparation and a comprehensive understanding of the law. Our law firm employs a “scorched earth” discovery process, covering all relevant documents and using subpoenas to gather evidence from surveyors, title companies, predecessor owners, and other sources.

Expert Legal Representation

Our firm represents both property owners seeking to file adverse possession claims and those defending against them. We provide strategic legal guidance and representation to protect your property rights. Contact our adverse possession lawyers in New York to learn how we can help you.

Take Action Now!

Don’t let property disputes disrupt your peace of mind. Contact our expert adverse possession lawyer today to discuss your case and explore your legal options. Our dedicated team is ready to help you secure your property rights and defend against claims. Call us now for a consultation and take the first step towards resolving your property issues effectively.

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