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Legislature Modifies the Rules Governing Adverse Possession

By Steven Silverberg and Katherine Zalantis

In July, 2008 the rules governing Adverse Possession in New York were modified by Chapter 269 of the Laws of 2008. As a result of a number of judicial decisions over the last several years which added further confusion to an already complex legal concept, the Legislature obviously felt it was time to try to add some clarity to this evolving area of the law. The amendments to several provisions of the Real Property Actions and Proceedings Law (?RPAPL?) more clearly define adverse possession (section 501) including that one may be an adverse possessor ?with or without knowledge of the other?s superior ownership rights.? Sections 512 and 522 were changed by taking out the requirement that the property be cultivated or improved by the adverse possessor and instead inserting a provision that in order to claim adverse possession there must ?have been acts sufficiently open to put a reasonably diligent owner on notice...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on September 08, 2008 (boomark / email).