Spring 2012Issue 15
Prestige Title Agency, Inc.

Prestige Title eNews

Spring 2012 

RCandRPPunitive Damages Awarded in Adverse Possession Action

 

A landowner may believe that a survey of his or her property may be proof of ownership, and acting upon this belief attempt to protect his or her rights from adjoining landowners who they believe may be trespassing. They confront their neighbor, demanding the removal of the structure that constitutes the perceived trespass, but are refused. Believing themselves to be in the right, they resort to self-help, removing the encroaching improvement, sometimes minimal, sometimes substantial.

 

What the landowner may not realize is that the land shown on their survey may not accurately reflect the extent of their ownership because of an earlier adverse possession. An adjoining land owner who is able to prove that the possession of their neighbor's property is (1) hostile and under a claim of right; (2) actual; (3) open and notorious; (4) exclusive, and (5) continuous for the required period of at least ten years, and who can demonstrate that the land has been usually cultivated or improved, or has been protected by a substantial enclosure, can establish title in themselves as to that property. As a result of the adverse possession, the record owner is divested of their ownership and now stands in the position of the trespasser as to any portion of their property adversely possessed by their neighbor.  

 

  

 

If you have any questions or would like further information regarding any of the articles in this newsletter, please contact Keith Eng, Esq. at (212) 651-1200 or keng@prestitle.com.  
 
Also, if there are any topics that you would like us to include in future newsletters, please feel free to e-mail us with suggestions at info@prestitle.com   

 

In This Issue
Announcements
Did you know that Prestige Title handles Commercial transactions nationwide?
 
Did you know that Prestige Title now offers Coop UCC/Plus Policy?
  
Please contact Anthony Chiellino for further details at (212) 651-1200 or achiellino@prestitle.com.
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AddlAdditional Items of Interest


Repeal of Expanded Medicaid Estate Recovery in New York - Click Here 

 

 

FIRPTA Withholding Requirements in a 1031 Exchange - Click Here 

 

 

Coop UCC/Plus Policy Now Offered by Prestige Title Agency- Click Here 
 

 
If you have any questions or would like further information regarding any of the articles in this newsletter, please contact Keith Eng, Esq. at (212) 651-1200 or keng@prestitle.com.   
 
Also, if there are any topics that you would like us to include in future newsletters, please feel free to e-mail us with suggestions at info@prestitle.com.    
 
 
Prestige Title Agency, Inc. provides Commercial and Residential Title Services Nationwide. For more information, please contact Anthony Chiellino at (212) 651-1200 or achiellino@prestitle.com
 
 
15 W. 39th St. 10th Fl. New York, NY 10018 Tel (212) 651-1200 Fax (212) 651-1201
Member of New York State Land Title Association Member of American Land Title Association