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The suit is in Rochester, NY not in Rochester, MN, and in NYS, adverse possession is about 10 or 11 years, and it's not owner-dependent. That driveway was used by the owners of that house for longer than the required period without any attempt by the property's owner to stop them, so she gets that property. The couple's attorney should have told them that they don't have any chance to win this case unless they have proof that the previous owner gave the woman revokable permission to use their land and never revoked it. Good luck with that IMO or they would be waving that document for all to see. Moreover, they should have had their property surveyed before they bought it, which would have told them what they were getting into. That's pretty much standard practice in NYS.
It's really fairly common for homes in NYS to not be built square to property lines, especially older ones, and many times lot lines don't run square to the street, either, which is why you get a survey. That's true in my 1920s era neighborhood, and when my AH neighbor Frank the slumlord was blacktopping his driveway, I made sure that his crew didn't trespass on my line since the corner of my lot is like two inches from his blacktop at the front but about a foot away at the back.
I assume this wouldn't be at the Supreme Court if it was that cut and dried. Right?
New York adverse possession laws require at least ten years of possession and payment of taxes throughout that period in order to be eligible for legal title. - See more at:
She has not paid the taxes, so she should lose the court decision.
Adverse possession is not as easy to win when taken to court as some people think. We just went through someone wanting to get adverse possession for a easement across part of our 5 acres on the edge of town. They tried to frighten me into giving it to them, and even got a low quality attorney to give me notice they were going to sue me. Let my attorney who is the best in town and has been practicing in town for 40 years handle it. Took two letters to convince them they had no claim, and they sold their property and moved away.
I bought a house with a similar issue. This house used to share the front part of a driveway with the house behind it. The neighbor in back of me "bought?" the front portion of the driveway from the previous owner while it was in foreclosure, which you can't do especially because I don't the bank knew anything about it. Money changed hands and they recorded it with the recorders office, but you can record anything even if its wrong. So, he fenced it off. When we bought it from the bank after they foreclosed the title company washed their hands of the driveway issue and would not guarantee just who owns that tiny piece of land. We could buy it at our own risk and consult a lawyer if we want. Adverse possession takes 20 years. I think it is likely I have the right to use that driveway, but I choose to leave it alone. I have about an acre as it is. We made a new driveway.
My point is I think I'd be a fool to stir something like that up and have live next door to the people. Something can be legally right, but really not worth doing. The Stucks are idiots in my opinion.
New York adverse possession laws require at least ten years of possession and payment of taxes throughout that period in order to be eligible for legal title. - See more at:
I assume this wouldn't be at the Supreme Court if it was that cut and dried. Right?
In New York state, the Supreme Court is actually the name of a trial level court. If it get appealed, it goes up to the New York Appellate Division, and above that, the New York Court of Appeals is the highest level state court.
It looks like the rule in Minnesota is 15 years. She started using the driveway in 1999 and the owners interrupted her possession (to install the fence) in 2012.
Quote:
Originally Posted by Silverfall
So she would fall two years short. So then the legal question would then be about when that driveway was installed and does that count toward the 15 year time frame. So if it was installed in 1989, so it was in possession of that property owner before she owned it, does that count? I would think she would win since she said previous owners used the driveway, but it would be interesting to see how MN adverse possession laws work.
Good for Minnesota, but this case is in NEW YORK.
I live in the county next to them and surveys are required when purchasing a home. There are a number of easements on my property. One had to be signed before closing and it held us up. We seriously considered walking away because of the discovery of easements once the survey was completed.
Bottom line, you don't get to use what's not yours. And you don't get it for free. Should be interesting to see how this all plays out.
Rochester was platted in 1855.[8] Rochester developed as a stagecoach stop between Saint Paul, Minnesota, and Dubuque, Iowa. When the railroad arrived in the 1860s, it brought new residents and business opportunities. In 1863, Dr. William W. Mayo arrived as the examining surgeon for draftees in the Civil War. The community was named after Rochester, New York.
Rochester, NY was created in 1797 so it was here first. And Rochester is hardly a unique name. There's at least 14 of them in the US!
Not in my state. You just have to maintain it. Since it sounds like in NY you have to pay taxes on it, that really changes the court case.
In my county, taxes are paid on the land and any improvements. My property card shows the value for the land, house, shed, fence and driveway. If the tax on improvements is segregated, I think she can establish that she was paying taxes on the improvement which seems inseparable from the land.
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