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Real Property Law
No Tacking of Adverse Possession Claims
Lorenz v. Soares
NYLJ 1/18/18, p. 21., col. 2., Supreme Ct., Westchester Cty.
(Giacomo, J.)
In an action to establish title by adverse possession, true owner sought summary judgment. The court granted true owner's motion, holding first that under the 2008 adverse possession statute, adverse possessor's occupation was permissive, and second, that adverse possessor could not tack his possession on to the possession of his predecessors.
The rear boundary of adverse possessor's parcel abuts the rear boundary of true owner's parcel. The two parcels front on different streets. When adverse possessor purchased his parcel in 2005, a chain link fence existed near the boundary between the two parcels. In fact, the fence was located on true owner's land, ten feet from the actual boundary between the parcels. Adverse possessor claims to have mowed the grass in the 10-foot strip since the time of his purchase, and planted arborvitae in the strip in 2010. In 2015, true owners removed the fence, prompting adverse possessor to bring this action to quiet title to the disputed strip.
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