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New information added on September 14, 2014

"Veto #153 - An Act to amend the real property actions and proceedings law, in relation to adverse possession" - State of New York, Executive Chamber, Aug. 28. 2007
Governor Eliot Spitzer vetoed Senate Bill Number 5364-A, to amend New York's adverse possession statutes to provide that a possessor's actual knowledge of the true ownership of property will bar a claim of title by adverse possession. "This bill could have significant adverse consequences for New York property owners."… "[I]f this bill becomes law, a homeowner could be sued by a third party who claims to be the 'true' owner of the property, and could assert that the homeowner was told this in a conversation that occurred 25 years earlier."

See Also
See Also

Highways and Rights-of-Way

Adverse Possession


In-Depth Information

  • Carol W. LaGrasse"Court Ignores Old Boundary Wall: Wealthy Owner Expands to Walls of Neighbor's Long-Standing House" - By Carol W. LaGrasse (New York Property Rights Clearinghouse, Vol. 17, No. 3, PRFA - Revised February 2014)
  • The court's treatment of the boundary dispute between wealthy sports star Sam DeLuca and his family and retired New York City cop Bill Cullen in the Village of Pelham Manor, Westchester County, gives a taste of a future under the state's new approach to adverse possession, which was railroaded through the legislature in 2008 after a property owner persuaded her legislators that she was unjustly a victim in a boundary dispute.
  • "Welcome-Forged in the Fire" - By Carol W. LaGrasse, President, Property Rights Foundation of America, Inc., Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
    We are in this for the long haul. Forged in the fire, we stand by first principles. Even with relatively little resources, at the grassroots we can accomplish major successes, but success will serve our long term goals only when we never lose track of our Constitution and the rights upon which it is founded.
  • "Gov. Spitzer Vetoes Bill That Would Have Muddled Law of Adverse Possession" - By Carol W. LaGrasse, Reprinted from the New York Property Rights Clearinghouse, Vol. 11, No. 4 (PRFA, Fall 2007
    On August 28, Governor Eliot Spitzer vetoed a bill that was said to "reform" the law of adverse possession, but would have made it difficult obtain title insurance in New York State and precipitated a host of new lawsuits by setting up a new test for adverse possession of whether the adverse possessor had "knowledge" of the correct boundary. The bill had passed with only two opposing votes, but the Real Property Section of the State Bar Association and the Property Rights Foundation let their opposition be known to the Governor after passage by the legislature.
  • Letter in Opposition to S 5364 - To Amend the Real Property Actions and Proceedings Law, In Relation to Adverse Possession - By Carol W. LaGrasse, President, Property Rights Foundation of America, to Amanda Hiller, Assistant Counsel to the Governor, August 20, 2007
    "The bill passed by the Legislature would poke a hole in the law of adverse possession by adding the subjective standard that adverse possession would not apply if the claimant had 'acquired actual knowledge' that he did not have valid title to the land." This "would create confusion in title in New York State by eliminating the ability to quiet title after a standard statute of limitations."
  • "Adverse Possession Heats Up In Legislature After Court Ruling" - by Carol W. LaGrasse, Reprinted from New York Property Rights Clearinghouse, Vol. 11, No. 3 (PRFA Summer 2007)
    Although a survey existed in the case of Walling v. Przybylo, both sides were mistaken about the boundary between their properties until the Przybylos had a survey done many years after they owned their property. After the 2006 ruling adhering to the traditional law of adverse possession in favor of the Wallings by the New York State Court of Appeals, the Legislature reacted in sympathy to the Przybylos, who lost a strip of surveyed property, by passing a bill in 2007 that would create a hole in the law of adverse possession by stopping the claimant's right if he can be deemed to have knowledge of the formally surveyed boundary. However, the traditional law of adverse possession serves the important purpose of establishing a statute of limitations and allowing the claimant to quiet title, and should not be muddied.

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