What is Adverse Possession?
Adverse Possession allows an individual who has been using real property for a certain amount of time and in a specific way to bring an action to claim title to said property. The individual bringing the action must prove the following:
- That the use was hostile (without permission)
- That the use was actual (physical and not just theoretical)
- That the use was exclusive (without sharing with anyone else)
- That the use was open and notorious (using the property as the real owner would and not in secret), and
- That the use continued for a specific amount of time (10 years in New York and 20 years in New Jersey).
We can represent either the individual bringing the lawsuit for adverse possession or the true owner defending the lawsuit. We require a retainer of $5,000 to get started.
REPRESENTING AN ADVERSE POSSESSION CLAIMANT
When represent a client who is attempting to get title by adverse possession, we will file a summons and complaint in the appropriate court and attempt to prove each and every element described above.
DEFENDING AGAINST ADVERSE POSSESSION
When representing a client who is defending against an adverse possession claim, our goal is to disprove any one of the above elements.
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