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Albany, NY - Archaic land law revised in New York |
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A law signed yesterday by Gov. David A. Paterson says "adverse possession" of another's land also will not happen simply because a fence, hedge, shrub, shed or other minimal, nonstructural item is placed across the deeded property line.
Under New York law, an owner has 10 years to claim land back from encroachment. The old law said the land had to be "usually cultivated or improved," which could mean regular maintenance like mowing or a fence. The revision requires encroachment "sufficiently open to put a reasonably diligent owner on notice" or a "substantial enclosure."
"I think this law was just outdated, and it needed to be updated," said Assemb. Teresa Sayward, who sponsored the bill. The Republican from the eastern Adirondacks said that as a former dairy farmer, she appreciated that the old law was meant to establish a way for people "to claim land they in fact put their heart and soul into."
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Read Comments (12) — Post Yours »
1
Jul 09, 2008 at 10:02 AM source in halacha Says:
this law had origions in halacha where u could build a fence and if unchallenged for x yrs it was yours.
2
Jul 09, 2008 at 10:10 AM Reb Yid Says:
What if the fence has already been there for 10 yrs by now? Is the adverse possession claim now invalid?
3
Jul 09, 2008 at 10:44 AM Anonymous Says:
Source in Halacha Says
this law had origions in halacha where u could build a fence and if unchallenged for x yrs it was yours.
Actually that is incorrect. There is no chazaka w/o a real claim of ownership. Just building a fence or using the property and saying that nobody stpped me is not a claim in Halacha.
4
Jul 09, 2008 at 10:47 AM Anonymous Says:
a chazaka without a taanah is called chazakah sheain emo taanah! we pasken chazakah sheain emo taanah, aino chazakah!
5
Jul 09, 2008 at 11:27 AM NY ATTORNEY Says:
This law is way to fresh to be on the NY Bar now. Aweseome!
6
Jul 09, 2008 at 12:49 PM Anonymous Says:
jurisdictions are divided whether the adverse possessor has to claim it's actually his land or if he can acknowledge it was once rightfully someone else's but due to his adverse possession it's now his.
7
Jul 09, 2008 at 01:30 PM Anonymous Says:
NY ATTORNEY-
You still have to know the old law and that itself is pretty complex. So, good luck on the Bar!
8
Jul 09, 2008 at 01:31 PM bigwheeel Says:
Reb Yid 10:10AM No! The [newly-enacted] law is [probably] NOT retroactive!
As for the origin of the [existing] law [about encroachment on land] It looks like it originates in the Third Chapter of Tractate Bava Bathra/Basra, in the Babylonian Talmud (p.28a..) where the discussion is about how many years a buyer of [real] property must hold on to his deed, or Bill of Sale. The reasoning [behind this law/regulation] is, that a property owner would not sit idly by while someone encroached on his land! And if he did not protest (acc
9
Jul 09, 2008 at 01:35 PM bigwheeel Says:
...acceded) to the current possessor's action, is proof that he's not the [rightful] owner of the property!!! (pushed the wrong buttonon prev. [part of] post)
10
Jul 09, 2008 at 10:59 PM I hope your joking Says:
You mean to tell me that I wasted the last 8 years mowing my neighbors lawn for nothing?
11
Jul 09, 2008 at 11:26 PM anonymous Says:
1. as s/o mentioned already chazaka sheein imo taano aino chazaka.
2. mowing the lawn would not make a chazaka as it is not peiros. only peiros make a chazaka.
12
Jul 10, 2008 at 08:19 AM Enough Says:
Finally! some geshmack banter. Ah mechaya.