The State, which claims property through opposing possession, is bound by the same laws and must prove the same facts as an individual. [25] Opposing possession is an often misunderstood means of obtaining legal ownership of land in New York. In case of adverse ownership, people can acquire ownership of land that previously belonged to another owner. It can apply to all types of Crown real estate, from rural farmland to commercial real estate, whether the land has been developed or not. Regardless of the transfer of land by deed and title, an opposing legitimate claim of ownership can change the chain of land ownership. However, for an opposing property claim to succeed, a potential landowner must meet certain standards. As we mentioned earlier, even if the opposing owner knew that the property was not his land and that it was someone else`s land, he can still have a “legal claim,” which is a prerequisite for the opposing possession to become legal title. Each state has its own basic requirements for asserting an unfavorable claim to possession. One of the justifications for these requirements is that they provide the beneficial owner of the land with a number of means to prevent the opposing owner from acquiring ownership of the land.

Another justification for disadvantageous possession is that it allows property to be used instead of remaining neglected and underdeveloped. Property rights are sometimes seen as the foundation of American society. An individual`s ability to purchase and manage their land at their discretion is a deeply respected right and often serves as a foundation for the right to privacy. Therefore, it is important to ensure an accurate understanding of an individual`s trait, but often more complicated than it seems at first glance. Negative ownership, which essentially claims property rights through land use, may seem almost absurd in today`s real estate scene, but 26 states have laws governing this practice. Of course, opposing property claims can be difficult and highly technical. There remain many potential claims where the potential owner can legitimately claim that he has no knowledge of another rightful owner of the property. In both cases, both those who claim to have opposing possession and those who defend themselves against an allegation of adverse possession should seek redress immediately if a potential claim of opposing possession exists or could be asserted.

Virtually all jurisdictions require the intruder to prove that he is the actual owner of the property, i.e. physically present on the land and treats the property to some extent as if he were the owner. The intruder can usually prove this by proving that he has tried to renovate, maintain or improve the property. In states like New York, this is partly proven by the fact that the intruder pays local property taxes for ten years or more. Because your neighbor did nothing about it, it can be said that you acquired ownership of the land through adverse property. New York law currently defines an opposing owner as a person who occupies the property of another person or company, with or without knowledge of the other`s property rights, in a manner that would give the owner a cause of action to evict the opposing owner. Finally, remember that adverse property claims are not available in all situations and depend on state laws. As mentioned above, the 2008 amendments to the Real Property Litigation and Proceedings Act provide title holders with better protection against adverse property claims. Claimants must pay particular attention to ensuring that the five elements described above are also supported by clear and convincing evidence, which is a heavier burden than in most civil actions. Therefore, careful thought and preparation is crucial to successfully asserting an unfavorable property claim. In addition, if the plaintiff is unable to establish ownership by illegal possession, the plaintiff may be liable to the beneficial owner for trespassing damages. After two years, the owner of the offending structure receives an easement to have the wall in place.

An easement is a right to land; In short, the opposing owner is legally entitled to put up the wall, but he has no rights to the land on which he stands. [8] If the owner has given the PA permission to enter the land, they are not eligible. The State requires that the ownership of land be prejudicial and contrary to the will of the landowner. If the discovery of the opposing possession takes place before the end of the ten-year period, the land is returned to the beneficial owner. The true owner could also prevent the PA from entering the land. The courts may decide on land ownership or, in certain circumstances, land belongs to LPs. The best way to avoid a damaging possession claim against your property is to warn intruders in the first place. In other words, as a homeowner, you should keep an eye on your property at all times. If you suspect someone is trying to own your property, the first thing you should do is call the police if the intruder doesn`t leave after receiving a warning. A finding of adverse ownership in New York can still be found, even if the opposing owner stayed only a few months a year and owned the property. In determining whether possession has continued, the courts consider the actions of the opposing owner of the property and his exercise of dominion and control over the premises, whether or not he is physically present over the property, and whether these acts are consistent with acts of possession that ordinary owners of similar property would perform. Ray v.

Beacon Hudson Mountain Corp., et. al., 88 N.Y.2d 154 (1996). This article discusses misconceptions about opposing property and the law about it in New York. The following table highlights the basics of New York real estate law and a more detailed description follows. For more information, see Adverse Possession: Rights of Continuing Intruders. In New York, however, it is difficult to assert an opposing property claim. As the Daily Record points out, New York`s anti-possession laws were changed in 2008 to tighten the requirements for making a claim. Among the most significant changes is the fact that the person making the claim must now have a reasonable basis to believe that the disputed property belongs to him, and that the actions must be “sufficiently open” to give the owner the opportunity to contest them. In 2008, the New York State Legislature amended Section 5 of the Real Property Actions and Proceedings Law (RPAPL) and changed the standards for an adverse property claim. There have been three major changes.

First, the definition of “legal claim” has been added: it may happen that your friendly neighbor plants shrubs that extend over your property, or perhaps a dry stone wall. For one, you want to make sure you don`t lose ownership of your land. On the other hand, you love your neighbor, and bushes or drywall are really very beautiful. Fortunately, your neighbor does not unfavorably own your land. “De minimis” prejudicial possession is not eligible for injurious possession. [1] “De minimis” laws and professions include “non-structural interventions, including but not limited to fences, hedgerows, shrubs, plantings, sheds and non-structural walls. Your neighbor sued for silent titles, arguing that you had no right to justice because you knew the property you fenced off was not yours.