My wife and I inherited a 27 acre residential lot in upstate New York and have recently had a 1-acre parcel approved for subdivision so that we can sell this parcel to our neighbors. Our neighbors would like to add to their small residential lot. This 27 acre lot had surveys performed and recorded in 1993, 1997 and 2006. The survey shows that 2 houses on a side steet have sheds that extend onto the 1 acre lot in question. One of the sheds extends 3 feet onto our property and the other extends 8 feet onto our property. Our attorney sent letters to these 2 home owners to sign that requested they agree to rebuild on their own property if they tear down or want to re-build the sheds. After not receiving the paperwork back for 6 weeks, I find out that they are both claiming Adverse Possession. They both maintain that they have been mowing the grass on 15 feet of our property for the past 10 years and they refuse to sign the papers. My neighbor (who wishes to purchase the 1-acre parcel) says this is not true but it is my understanding from reading about Adverse Possession that I would have to prove this. I have 2 questions that really bother me and hopefully someone can answer these.

Question 1: The previous owner of the 27 acres (my wife's aunt) was declared mentally and physically incompetentant in 1997 at the age of 92. She was also a cripple and spent most of the next 4 or 5 years in the home or bed. At that time, she had a legal guardian assigned to her to make all decisions. The aunt passed away in 1992. Since she was declared incompetent, how would she be able to monitor what was being done or happening to the far corner of her 27-acre lot? Would it have been the responsibility of the legal guardian to have known what was going on and should they have acted to protect the property?

Question 2: For the past 5 years, the estate has still been open. Even though we inherited the 27 acre property, it is still on the tax rolls as belonging to the Estate of my aunt. The final court accounting hasn't been completed and we haven't paid our final estate taxes on the property untill we get the final amount. Does the fact that the property is under the jurisdiction of the estate proceedings effect the 10 year statuatory rule? Are the executors required to know about what is going on and they should have acted accordingly to protect the property?

I should also mention, that the 2 neighbors, who are claiming Adverse Possession, knew that my wife's Aunt was incapacatated. They also knew that the 15 feet didn't belong to them. They apparently had their own survey done in 1995.

Thanks in advance for any help that I receive...Keith

:) Dear KGustin,
I am sorry to hear of your problems...we are also in the middle of a very bitter adverse possession suit by neighbor.It is extremely expensive. All we did was buy a small piece of property, complied with all laws and now being sued by a vindictive neighbor to steal property.

Anyway, here is some advice from the trenches.

I have been in contact with several other victims of adverse possession in New York State and there is a move to get this unjust law of the books. There have been several prominent cases which have been very controversial. The office of State Senator Little, (Glen Falls) is writing a bill that would change law in New York State. I would contact her office, ask for Rebecca Morena.The more people who call office, the more urgent it will seem.

Among changes being considered is to make possession for 20 years and with substantial enclosure.
Also another "victim" has mentioned that health of owner can be an issue.
Steve50 on this forum is very knowledgable.

Other advice, your Title Insurance co has to cover your legal costs, even if they deny it. Just pester them till they do.Get a good lawyer!!
MargieD