Were you affected by adverse possession?

On Behalf of | May 3, 2022 | Real Estate Disputes

In the legal realm, adverse possession refers to the process of someone claiming property rights on land that someone else owns. While it’s not possible to use this for government-owned land, in other cases, it may cause issues for landowners or those purchasing land.

Examples of this concept include the ongoing use of private driveways or developing an unused piece of land.

Why does adverse possession exist?

The purpose of adverse possession is to help with the productive use of a piece of land. For example, if the landowner is not using the land to its full potential and someone else does, then the law may favor this adverse possessor and reward them.

Will you lose rights to the land under adverse possession?

It’s important to note that there is no transfer of legal title with adverse possession. Instead, the individual using the land has vested property rights for the area. Once all statutory requirements are met, the individual in adverse possession has the right to initiate an action to receive a legal title to the used property.

Your legal rights in adverse possession situations

If you own land that someone is trying to acquire via adverse possession, it’s worth noting that specific requirements must be met for this to happen. In New York, the individual must meet all statutory requirements for 10 years and pay taxes in this period to qualify for a legal title to the property. It’s also worth noting that adverse possession does not result in acquiring a title to the land if the owner gave permission to the individual using the property.

When it comes to adverse possession, there’s a lot to know. Exploring your legal options is a smart move, as it will help you better understand your rights.