New York Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights

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Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In such a case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a certain period of time.


This form is a generic example of a complaint to quiet title by a person claiming adverse possession. This form may be referred to when preparing such a pleading for your particular state, although such a complaint must be tailored to the law of the state where the action is to be filed.

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FAQ

Importantly, the burden of proof to establish a claim of adverse possession is on the trespasser. The legal holder of title is the presumed owner until the adverse possessor can meet that burden. In other words, it is the trespasser's job to prove that the judge should grant title to or ownership over a piece of land.

A quiet title action helps you resolve title issues which may prevent you from selling a piece of property. Under New York law, any interested party can file a quiet title action. A title is ?clear? when nobody else has another claim on the property. There are many reasons why this chain of ownership can become murky.

To establish a claim for adverse possession, and take title to the disputed property, the adverse possessor must establish that their possession of the land has been adverse, under claim of right, open and notorious, continuous, exclusive, and actual for the statutorily required period (the ?prescriptive period?).

Uncertain property boundaries between neighbors, boundary disputes, unclear ownership of inherited property, and claims of adverse possession are some of the common reasons for filing quiet title actions in California.

A: In New York, if a neighbor encroaches on your property knowingly and without permission for a minimum of ten years, the neighbor can claim ownership of that encroached property (NY RP ACT & PRO § 501).

In most instances, the statute of limitations "clock" starts running on the day the property damage occurs. So a New York property owner usually has three years from that date to get any civil lawsuit filed against the person who caused the damage.

If the defendants don't respond within a certain period of time, a quiet title is awarded. Adverse possession: Commonly referred to as ?squatters' rights,? adverse possession involves someone openly taking up residence in a property for their use that they don't have legal right to.

All states require at least three years to establish a claim for adverse possession; some require up to 30 years.

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New York Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights