Motion Success in Real Property, Adverse Possession Claim
By: Carter Conboy
Carter Conboy recently obtained a favorable Decision and Order on behalf of our clients in a real property dispute where our clients’ neighbor claimed to now own a portion of their deeded property through adverse possession.
The neighbor claimed adverse possession of the parcel under post-2008 amendments to the Real Property and Procedures Law (RPAPL) based on allegations that her predecessor had improved the parcel at issue, stored vehicles and seasonal equipment on the parcel, and that the neighbor’s pole barn had been located on the parcel at issue for over 10 years.
Based on our Motion for Summary Judgment on the issue which included survey-related affidavits and authenticated aerial orthoimagery from the New York State Geographic Information Systems Program Office (formerly the New York State Office of Cyber Security), the Court held that her clients retained the rights to their property, finding that despite the neighbor’s claims of adverse possession, the substantive evidence presented to the contrary supported the Court’s finding that the neighbor’s adverse possession claims could not succeed after a careful analysis of both pre- and post-2008 statutory requirements in the RPAPL. The Court’s Decision also required the neighbor to remove the encroaching structures from the parcel at issue.