Adverse Possession Cases
NY Real Estate Commercial Litigation: Adverse Possession Cases
Adverse Possession Requirements Under New York Law
Under New York law, a party may acquire legal title to property owned by another if certain strict conditions are met over a statutory period, currently ten years. The claimant must demonstrate that their use of the property was hostile, actual, open and notorious, exclusive, and continuous for the entire statutory period. In commercial cases, these elements are scrutinized even more closely, particularly when the property in question involves development rights, common areas, or ambiguous lot boundaries.
Common Adverse Possession Disputes involving New York Commercial Property
In the commercial realm, adverse possession claims often emerge from:
- Encroachments involving fences, structures, or improvements
- Long-term, unchallenged use of shared driveways, alleys, or parking lots
- Misunderstood boundary lines between adjoining commercial parcels
- Asserted rights to access or occupy the rooftop or cellar space
Because of the high value of New York commercial property, defending or prosecuting adverse possession claims requires both a deep understanding of the legal standards and a strategic approach to fact-finding and documentation. These disputes often involve surveys, decades-old deeds, tax records, photographs, and witness testimony—all of which must be carefully assessed.
Seeking to Resolve an Adverse Possession Dispute in New York?
At Schwartz, Conroy & Hack, PC, our real estate litigation team represents property owners, developers, landlords, and commercial tenants in adverse possession disputes. Whether asserting rights to disputed property or defending against a claim, we focus on early risk assessment, precise legal strategy, and efficient resolution through negotiation, litigation, or, where appropriate, settlement.
If you are facing an adverse possession issue involving New York commercial property, we are prepared to advise and advocate on your behalf.
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