NY Adverse Possession: change of owner

[sephir]

New York Real Property Actions & Proceedings Law 501-551:

Hello all-

I am about to buy a house in NY state on a small plot of land in a subdivision dating back to 1927. I am buying it from the son of the original owner who inherited it from his mother. As a result of the title search and survey process, it appears that the nieghbor to the south has been landscaping and improving a portion of the property as if it were his. I am planning to buy the property anyway, but want to make sure I am prepared if he claims adverse possession when I have the surveyors stake the property line and after I tell him that he should stop treating my land as if it were his.

I understand that NY law requires that the person claiming adverse possession must do so with the honest belief that it was his land, and that he must maintain it continuously for ten years. I also understand from case law that my purchasing the property does not restart the ten-year "clock."

But I was wondering what case law says about the ten-year clock upon a change in ownership of the landowner who is claiming adverse possession. Essentially, if my neighbor to the south bought his land five years ago from someone who had been adversely possessing my property for over ten years does the new owner's ten-year clock start over? The law says that it doesn't start over upon the death of the adverse possesor, but what about a sale?

Thanks so much if anyone can help!

[elklaw]

Depends on if the new owner is in privity with the seller. So my suggestion is that if you face resistence, you would end up filing a deeclaratory action to quiet title on the land that may have been adversely possessed. But if the adverse possession can be proved and the new owner is found in privity with the prior owners, then you will probably lose. But you never know. I suggest taht you consult a local real estate attorney also, since there may be local boards that deal with these kinds of matters, and there may be zoning and land use planning issues involved, as well as permitting, etc... that could impact this that have not been explored.