Protecting your rights as a property owner in New York City has never been so complicated. With adverse possession or squatters rights, you have to walk a fine line between claiming your ownership and not breaking the existing law. Seek a possession attorney, also called a squatters rights attorney, to advise you on the best steps to maintain ownership of your unused property. Call the knowledgeable adverse possession attorneys in Queens, NY at the boutique law firm of Albert Maimone & Associates, P.C. for a free consultation today.
What’s Adverse Possession in the Law?
Adverse possession is a specific doctrine in law that allows you to gain the title to land or other property that previously belonged to someone else. This legal principle gives you the power to lay claim lawfully to ownership of property that’s not originally yours. But you must meet specific conditions.
The possessed property may be farmland or commercial real estate, including land that’s developed or undeveloped. The doctrine of possession borrows from ancient practices in which one could take over ownership of land after occupying and using such property openly for a specific number of years.
Adverse possession is a highly misunderstood area of law, so you need the best adverse possession attorney to guide you. Whether you want to lay claim to some property or stop adverse possession, an experienced civil litigation lawyer from New York City’s Albert Maimone & Associates law practice is available to represent you.
What Are the Requirements for Adverse Possession in New York?
The 2008 amendments to New York’s adverse possession laws tightened requirements for squatters rights claims. For a successful claim to property in New York’s adverse possession law, the main standards you must establish include:
- Continuous possession. You must be able to prove continuous possession for the prescriptive period in the State of New York, which is 10 years.
- Actual possession. As an adverse possessor, you have to establish that you have actual possession of the property.
- Under claim of right. You must show that you’ve entered and occupied the property with intention to hold it as your own irrespective of the type of title.
- Adverse and hostile possession. If you show that possession of the property has been adverse or opposed, you can prove that occupancy is hostile and infringes on the rights of the true owner.
- Open and notorious. You can establish that the property has been taken or used without the owner’s permission, or you can show that the use is inconsistent with the rights of the original property owner. In other words, the occupancy of the property is visible and obvious.
- Exclusive possession. You can prove that possession and use of the property have been continuous and exclusive. Possession indicates an assertion of a claim that without doubt shows exclusive ownership in the occupant. For instance, you can show that trimming the trees, planting flowers, cutting the grass and other acts demonstrate that the property has been exclusively yours.
An adverse possession case is one of the most complex legal issues to resolve. If you’re the possessor, you have multiple factors to consider, such as hostile intent and an understanding of squatters rights. The top adverse possession lawyers at the NYC boutique law firm of Albert Maimone & Associates offers a free consultation and case evaluation.
What People Say
I have used Mr. Albert Maimone for various legal matters. He is great to work with, very efficient, always makes time for his clients. I would highly recommend him to anyone looking for a Real Estate Attorney.
What People Say
I used the Law offices of Albert Maimone & Associates, P.C. located in Whitestone, NY for numerous legal matters this past winter. Mr. Maimone was professional and courteous. He helped me plan my mothers Estate and helped me Sell my home in Whitestone, NY. I would recommend Albert Maimone & Associates, P.C. to anyone in need of an Attorney. He has a client for life.
What People Say
Awesome service! Simple and to the point! They don't beat around the bush. I will definitely go back to them for any legal advice and services that I might need in the future. Highly recommended!
How Do Squatters Rights Work?
A squatter is someone who occupies a property without initially laying claim to its ownership. Some notable factors in New York property rights include:
- Squatters rights. After occupying a property for 30 days continuously, squatters in New York City become legal tenants.
- Scenarios of squatting. Individuals may be considered squatters if they enter or even break into an abandoned apartment, continue living in a house after lease expiration or live on someone’s property for 30 days continuously.
- Adverse possession. If a squatter has lived openly and continuously on a property, that person may claim adverse possession of the title.
- Squatting vs. trespassing. Trespassing has legal implications while a squatter hasn’t broken any law by inhabiting a property.
- NY squatter evacuation guidelines. A property owner must notify the squatter immediately in writing. Property owners are advised to contact a NYC squatters rights attorney for advice.
- Breaching squatters rights. If you have a squatter on your property, don’t use force to intervene. A squatters rights lawyer guides you to act according to New York laws to avoid prosecution and a heavy legal bill.
Handling squatters in New York is a complicated legal process. With no legal guidance, you may end up in court for breaching squatters rights. A highly experienced, highly rated adverse possession attorney works with you throughout the process to protect your ownership of the property.
How Do I Protect Against Adverse Possession?
As a property owner in New York City, you can appreciate the risk of losing your property through adverse possession. Adverse possession and squatters rights are convoluted areas of law that individuals and businesses apply to lay claim on property. Some effective ways to prevent adverse possession include:
Why Do I Need an Adverse Possession Lawyer?
If you have land or other property in New York City, you may need assistance with an adverse possession claim. Get the best possession attorney in town. Lawsuits can drag on for years and may be costly. Hiring an NYC adverse possession lawyer includes benefits, such as:
- Protecting your property in adverse possession claims
- Resolving property disputes
- Using a wealth of experience in New York real estate law
- Helping you avoid a breach of squatters rights
- Offering tailored legal solutions on real estate disputes
- Protecting your investment by allowing the sale or lease of a property
The adverse possession lawyers at the Albert Maimone & Associates law practice review your legal matter within 48 hours after your free consultation. The team delivers the highest quality legal services without charging the big firm legal fees. Whether you’re a buyer, seller, developer, contractor or landlord, these lawyers protect your interests and investments. Contact the most experienced adverse possession attorney in Queens, New York today.
Albert Maimone & Associates P.C.127-16 14th Avenue
College Point, Queens, NY 11356 (718) 357-1216