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  1. #1

    Question Moving into a House Via Adverse Possession

    My question involves real estate located in the State of: New york, suffolk county

    My sister is at it again! Trying to do something ridiculous instead of just growning up , saving money and buying a house the right way....

    My sister (physical ag 35, mental age 15-20 aka arrested development) thinks she's going to just move into a house in our town and in 10 years it'll be hers.
    She suffers from "confirmation bias" and she wears blinders. She gets these ideas in her head and puts on her rose colored glasses and thinks it's going to be great
    then is totally blindsided when it all falls apart.

    I know about adverse possession. Seems like a great idea but in NY I"m sure there's a heck of a lot of red tape to it and it's prob. near impossible to get a house
    via adverse possession.

    No joke, this is what she just messaged me:

    Step 1: Gain access to the house, take all the boards down and change the locks.
    Step 2: Assess the interior , see how damaged it is.
    Step 3: Get the utilities turned on
    Step 4: start clean up and move in.

    EDITED TO ADD:
    The house has been empty for at least 10 years. Possibly more. Not sure if it's a foreclosure or not.
    The person that lived there had tried to kill himself (but lived), he was in a nursing home since then with brain injury due to lack of oxygen.
    I told her she needs to contact the man's daughter who prob. still has title of the house. From what I gathered the woman has to know my sister is living there.

    I've been reading up on it and I'm finding so much different information IDK what to believe. If anyone can direct me to a good source or can lay out the procedure here
    that would be awesome.

    Of course, please ask any questions you need to to verify info.

    Thanks so much. :0)

  2. #2
    Join Date
    Oct 2006
    Posts
    16,200

    Default Re: Moving into a House Via Adverse Possession

    Quote Quoting JustMe10628634
    View Post
    My question involves real estate located in the State of: New york, suffolk county

    My sister is at it again! Trying to do something ridiculous instead of just growning up , saving money and buying a house the right way....

    My sister (physical ag 35, mental age 15-20 aka arrested development) thinks she's going to just move into a house in our town and in 10 years it'll be hers.
    She suffers from "confirmation bias" and she wears blinders. She gets these ideas in her head and puts on her rose colored glasses and thinks it's going to be great
    then is totally blindsided when it all falls apart.

    I know about adverse possession. Seems like a great idea but in NY I"m sure there's a heck of a lot of red tape to it and it's prob. near impossible to get a house
    via adverse possession.

    No joke, this is what she just messaged me:

    Step 1: Gain access to the house, take all the boards down and change the locks.
    Step 2: Assess the interior , see how damaged it is.
    Step 3: Get the utilities turned on
    Step 4: start clean up and move in.

    I've been reading up on it and I'm finding so much different information IDK what to believe. If anyone can direct me to a good source or can lay out the procedure here
    that would be awesome.

    Of course, please ask any questions you need to to verify info.

    Thanks so much. :0)
    The follow has some good information on the subject as well as a link to the actual code.

    https://www.nolo.com/legal-encyclope...-new-york.html

  3. #3
    Join Date
    Mar 2013
    Posts
    17,936

    Default Re: Moving into a House Via Adverse Possession

    NY Penal Code
    140.15 Criminal Trespass in the Second Degree
    A person is guilty of criminal trespass in the second degree when:
    1. he or she knowingly enters or remains unlawfully in a dwelling
    Criminal trespass in the second degree is a class A misdemeanor.

    A Class A misdemeanor comes with a jail term of up to 364 days and a find of up to $1000.

    Nuff said.

  4. #4

    Default Re: Moving into a House Via Adverse Possession

    Quote Quoting adjusterjack
    View Post
    NY Penal Code
    140.15 Criminal Trespass in the Second Degree
    A person is guilty of criminal trespass in the second degree when:
    1. he or she knowingly enters or remains unlawfully in a dwelling
    Criminal trespass in the second degree is a class A misdemeanor.

    A Class A misdemeanor comes with a jail term of up to 364 days and a find of up to $1000.

    Nuff said.

    Except this totally contradicts adverse possession.
    So how does adverse possession work?

  5. #5
    Join Date
    Oct 2016
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    3,998

    Default Re: Moving into a House Via Adverse Possession

    Quote Quoting JustMe10628634
    View Post
    Except this totally contradicts adverse possession.
    So how does adverse possession work?
    https://statelaws.findlaw.com/new-yo...sion-laws.html

  6. #6

    Default Re: Moving into a House Via Adverse Possession

    I was there. I was also on nolo and findlaw but they condratict each other and some have more or less info
    than others.

    I'm looking for clarification.

    So how long is too long so she can't get arrested for trespassing?
    Does she have to file a claim in the court?
    Does she have to contact the owner to tell her she's there? (or the person she thinks is the owner because that's who's listed on public record.)
    How does she pay the taxes? Does she just call the town and say "I want to pay the taxes for 555 smith street" and they say "ok" ?

    I'm not finding these answers. (and there's other's I"m sure)

  7. #7
    Join Date
    Oct 2016
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    3,998

    Default Re: Moving into a House Via Adverse Possession

    Quote Quoting JustMe10628634
    View Post
    I was there. I was also on nolo and findlaw but they condratict each other and some have more or less info
    than others.

    I'm looking for clarification.

    So how long is too long so she can't get arrested for trespassing?
    Does she have to file a claim in the court?
    Does she have to contact the owner to tell her she's there? (or the person she thinks is the owner because that's who's listed on public record.)
    How does she pay the taxes? Does she just call the town and say "I want to pay the taxes for 555 smith street" and they say "ok" ?

    I'm not finding these answers. (and there's other's I"m sure)
    Does your sister have some reason to think that the actual owners of the property won't notice withing 10 years that she has moved in?

  8. #8

    Default Re: Moving into a House Via Adverse Possession

    Quote Quoting PayrolGuy
    View Post
    Does your sister have some reason to think that the actual owners of the property won't notice withing 10 years that she has moved in?

    The owner HAS to notice she's there. She cannot "hide" herself living there. that's one of the rules of adverse possession.


    I was just looking for concrete info I could give her.. not that she would listen anyway but just so I know I said what I needed to and there's no guilt when she and her five kids get evicted....

  9. #9
    Join Date
    Oct 2016
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    3,998

    Default Re: Moving into a House Via Adverse Possession

    Quote Quoting JustMe10628634
    View Post
    The owner HAS to notice she's there. She cannot "hide" herself living there. that's one of the rules of adverse possession.


    I was just looking for concrete info I could give her.. not that she would listen anyway but just so I know I said what I needed to and there's no guilt when she and her five kids get evicted....
    And when the owner finds out she is charged with trespassing. It really is that simple.

  10. #10
    Join Date
    Nov 2013
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    Default Re: Moving into a House Via Adverse Possession

    Quote Quoting JustMe10628634
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    So how long is too long so she can't get arrested for trespassing?
    She can get arrested any time she is trespassing up until she would file a claim in court for adverse possession (10 years or more). Until a court adjudicates the claim, she is a trespasser.


    Quote Quoting JustMe10628634
    View Post
    Does she have to file a claim in the court?

    To obtain title she has to file an adverse possession claim in court to quit title.


    Quote Quoting JustMe10628634
    View Post
    Does she have to contact the owner to tell her she's there? (or the person she thinks is the owner because that's who's listed on public record.))
    No. Part of adverse possession is that the use has to be open and hostile to the owner meaning that it is in plain sight and adverse to the owner's interest in the property. It is up to the owner to take care of and protect the property against the trespass.


    Quote Quoting JustMe10628634
    View Post
    How does she pay the taxes? Does she just call the town and say "I want to pay the taxes for 555 smith street" and they say "ok" ?
    There is no requirement in NY to pay taxes. However, NY like many other states are tightening up the requirement to acquire property by adverse possession.

    I suggest you read the statute here.

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