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New York changes adverse possession law

October 3rd, 2009 by Joseph William Singer

New York substantially changed its adverse possession law in 2008, effectively abolishing adverse possession in most border dispute cases. The law allows an adverse possessor to acquire property by building a permanent structure that encroaches on land owned by another but denies adverse possession by deeming “permissive and non-adverse” what the statute calls “de minimums non-structural encroachments” such as lawn mowing, plantings, fences and sheds. N.Y. Real Prop. Acts §543.

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