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Town Did Not Obtain Prescriptive Easement to Discharges Stormwater Over Neighboring Land -Adverse Possession Claim Rejected Because Use Was Permissive -No Injunction Against State for Failure to Stop Neighbor’s Unauthorized Use of State Property -Foreclosing Lender Entitled to Second Opportunity to Establish Fair Market Value In Attempt To Recover Deficiency Judgment -Offer to Purchase Does Not Negate Hostility Requirement for Establishing Adverse Possession

13 minute read September 30, 2025 at 11:07 PM
By
New York Real Estate Law Reporter Staff
Real Property Law

Town Did Not Obtain Prescriptive Easement to Discharges Stormwater Over Neighboring Land



Dias v. Town of Ulster

2025 WL 19000325

AppDiv, Third Dept.

(Opinion by McShan, J.)

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