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Adverse Possession Claims In White Plains: Protect Your Property Rights

Disputes over property ownership through adverse possession can be incredibly complex. Considering the high stakes in these cases, legal support and counsel are vital.

At my firm, David I. Grauer, Attorney at Law, located in White Plains, I have been helping individuals resolve these sensitive real estate issues for over 45 years. I am available to discuss your concerns and questions about adverse possession claims in New York.

Understanding Adverse Possession Claims

Adverse possession is a legal concept that allows someone to claim ownership of a property without a legal title. For instance, a dispute can arise when someone occupies a property without permission and the rightful owner fails to take action to remove them – it is sometimes referred to as “squatter’s rights.”

In New York, there are specific requirements for an adverse possession claim to be valid:

  • Open and notorious: The possession must be visible to the true owner.
  • Exclusive: The possession cannot be shared with others, including the owner.
  • Hostile: The possession is without permission from the rightful owner.
  • Continuous and uninterrupted: The possession must last for a specific period, usually 10 years.

These requirements ensure that adverse possession claims are not made lightly. I can help you understand if a claim meets these criteria.

What Are Constructive Trusts?

Constructive trusts are another important aspect of real estate litigation. This legal remedy is used when someone has wrongfully obtained property that rightfully belongs to another person. New York courts may impose a constructive trust to prevent unjust enrichment and ensure fairness in property disputes.

Adverse Possession In Title Disputes

Title disputes involving adverse possession claims occur when property boundaries are unclear or when someone has been using a piece of land for an extended period without the owner’s permission. Proving ownership in these cases requires careful documentation and a thorough understanding of New York property laws.

Can I Avoid Adverse Possession Claims In New York?

While adverse possession can be a powerful tool for claimants, it’s often preferable to avoid these conflicts altogether. Some possible ways to prevent adverse possession claims include:

  • Keeping accurate records of property boundaries
  • Regularly inspecting your property
  • Addressing boundary conflicts promptly
  • Posting “No Trespassing” signs
  • Using legal remedies like filing a quiet title action when buying or selling property

Taking these steps can minimize the risk of someone making an adverse possession claim against your property.

Contact Me To Secure Your Property Rights Today

Don’t let legal disputes threaten your property rights. If you’re dealing with an adverse possession claim in or around White Plains or need help proving ownership, I’m here to help.

Contact me at 914-269-2419 or send me an online message today to schedule a consultation.