STATE BAR WAS AVERSE TO ADVERSE POSSESSION

The NYS Bar Association should be ashamed of what they proposed as adverse possession reform.

The NYS Bar surely nas the resources and intellect to analyze the case law that has evolved to nothing more than a Chinese menu of contradictions that is far astray from the doctrine's original intent.

The record shows that these aberrations of law were regularly exploited by both attorneys and judges to the detriment of honest taxpaying NY landowners. The Association's remedy would just create new arguments for litigation and not preclude the opportunity for litigation.

I made myself a student of NY adverse possession and spent weeks identifying the flawed case law that progressively became more illogical with each new adverse possession award. I offered the NYSBA my objective and free assistance, but my offer was rejected.

The goal of adverse possession reform should have been to establish clear, rock solid definitions of each element so that any literate landowner in NY could read the statute and its amendments and know exactly what actions and circumstances put them at risk. The new law does set forth a list of specific actions or structures that do not rise to the level of being adverse.

Since our laws are intended to be an extension of our ethical standards and beliefs, the aspect of a good faith "claim of right" is entirely appropriate as part of the new amendment. Many of the most prominent legal minds in NY agree that a refresher course in ethics for both lawyers and judges would put things into perspective of what 99.9% of the remainder of society expects from our legal system.

One more thing while I have your attention. I would never advise a client who is defending his record ownership of land to accept a bench trial. Much of the past legal distortions are a direct result of one person being the finder of fact and the finder of law.

I look forward to watching how adverse possession claims go forward from here.

Sincerely,
Aaron Robinson

Aaron:

Thank you for sharing your insights with us.

We share your disappointment. The recent amendments to the adverse possession law continue to afford litigants too much "wiggle room."

While some of the inane elements of a claim have been eliminated, in our opinion, the modifications do little to eradicate the wrongful taking of property interests.

The "taking" of another's property should, at a minimum, be subject to some form of compensation requirement.

Onward!

dumb, dumb, dumb, stupid, stupid, stupid

the lawyers of the state bar sold us out

instead of helping us they go hurting us with their ideas how to make the law worthless

no wonder things are messed up in our country