The legal doctrine of "adverse possession" triggers more fear in the hearts and minds of real-property owners than any other issue imaginable (other than death and taxes, of course).
As we have previously reported, it's legal in the State of New York to take another's real-estate, without having to pay for the privilege, as long as certain criteria are satisfied.
In a lawsuit filed by Sylvia Heumann in the Herkimer County Supreme Court, an entity called Old Forge Properties, Inc., was declared the owner of a parcel of property that had actually belonged to Ms. Heumann. On appeal, the Appellate Division, Fourth Department, affirmed.
How is that outcome possible, you ask? Well, it appears that Ms. Heumann allowed Old Forge to take considerable liberties with her property for some ten years. Over that decade, Old Forge constructed a "garage and a shop" and made other "improvements." This lapse of time and the range of activity which occurred on the parcel triggered certain rights in the hostile possessor.
Here's how the AD applied and defined the governing elements:
[D]efendants met the common-law and statutory requirements of adverse possession (see RPAPL 521, 522). Defendants established by clear and convincing evidence that the character of their possession was "hostile and under a claim of right, actual, open and notorious, exclusive and continuous . . . for the statutory period of 10 years" ... Because there was no written instrument describing the boundaries of the disputed property, defendants were required to establish cultivation or improvement of the property, or that it has been protected by a substantial inclosure ... Defendants established cultivation and improvement of the property by showing that, on the disputed property, they expanded a sandpit, improved a snowmobile trail for use as a road and constructed a shop and garage, a septic tank, and a well pump.
While we certainly regret the outcome for Ms. Heumann, Old Forge reinforces the danger of inaction. An owner's failure to reclaim possession and control of property used or occupied by another without consent can ultimately lead to its forfeiture.
For a copy of the Appellate Division's decision, please use the following link: Heumann v. Old Forge Props., Inc.
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For our other blog posts on the topic, please click on the following links: Adverse Possession