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Old 07-07-2005, 03:01 AM
Sara Sara is offline
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Default New York:What is the definition of "dormant land"

We purchased a piece of land that has a well, driveway and had a old house on it. It turns out that the well,part of driveway and 1/2 of where the old house was is on our neighbor's land. He claims that since no one used the well and the house for over ten years then I have no claims for adverse possession and he has claims on the well and obviously the land. The well and house were put in and built in the 60's. Up until we surveyed the land (unfortunately after we bought it) the neigbor and the people who sold us the land have thought the well and house were part of our land....anyway, Help, anyone know the answer here???!!!
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Old 07-12-2005, 08:42 PM
elklaw elklaw is offline
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Sounds like you are a bonafide purchaser for value, the the folks you bought it from were in privity as you all are too with the previous owners to get up to the 10 years adverse possession point and beyond, and the neighbor has been sitting on any perceived claim so long I view it as suspect and likely would be declared invalid in court if you asserted adverse possession and being in privity with prior owners who lived on, owned and sold the property. I also hope you have title insurance. I also suggest speaking with a real estate attorney or local attorney who may have experience with these kinds of cases.
Adverse possession in New York is 10 years.
from http://www.lawchek.net/resources/forms/que/advposs.htm
New York, the duration of such possession is ten (10) years. New York Real Prop. A&P.L. §501-551.
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