Understanding the Legal Concepts of Adverse Possession of Real Property in New York State

• Overview
• Agenda
• Faculty
• Credits

Adverse possession is a recognized legal doctrine in the state of New York that enables a party, through litigation, to acquire title or ownership to real property belonging to someone else, and to thereby extinguish the record owner's rights in and to that property. While the New York courts have historically disfavored settling property disputes in this manner and thus the courts have imposed a heavy burden of proof on the party seeking to obtain title by adverse possession, it is not uncommon for New York property owners and real estate lawyers to frequently confront property and boundary disputes that involve these types of claims. Recently, one frequently disputed and often misunderstood element to a cause of action of title by adverse possession, known as the claim of right element, has been the focus of attention of the New York courts.

This teleconference will address the monumental changes to New York's adverse possession law, delve into the recent interpretations by the courts regarding these changes and examine how these changes affect litigants and their counsel as well as the manner in which they proceed in actions involving adverse possession claims.

Learning Objectives

• You will be able to discuss recent cases under the new law.
• You will be able to review the doctrine of tacking.
• You will be able to explain typical obstacles to a successful claim.
• You will be able to identify July 2008 amendments to the real property actions and proceedings law.

Faculty

Brian P. Galligan, Cuddy & Feder LLP
Joshua E. Kimerling, Cuddy & Feder LLP

Registration

To register for this live audio conference please dial 1-866-411-6211.