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Real Property Law
Adverse Possession Claim
Kheel v. Molinari
NYLJ 10/17/17, p. 21, col. 1
Supreme Ct., Tompkins Cty.
(Faughnan, J.)
In true owner's action to compel a determination of claims to real property, both true owner and adverse possessor sought summary judgment. The court denied both motions, holding that questions of fact remained about adverse possessor's beliefs and about the time period during which adverse possessor has occupied the disputed area.
True owner and adverse possessor are neighbors. True owner initially owned both parcels, but lost adverse possessor's parcel by foreclosure in around 2001. Adverse possessor bought the foreclose parcel in that year. Since about that time, adverse possessor has been using a driveway and a septic system located on true owner's parcel. Subsequently, true owner built a fence that prevents adverse possessor from using the driveway and from obtaining access to the septic system. Adverse possessor now claims that he has acquired title by adverse possession to the driveway and a prescriptive easement to use and have access to the septic system. Adverse possessor contends that there is no suitable location for a septic system on his own property.
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