The legal holder of the title has the presumption of ownership until the adverse holder can meet that burden. In other words, it is the intruder's job to test it. Adverse possession in New York is governed by law, but also by the courts. It is important to note that the burden of proof in establishing an adverse possession claim lies with the intruder.
In other words, it is the intruder's job to prove that the judge must grant him title or ownership of the land. As stated above, adverse possession generally takes ten years to take effect. However, walls that exceed the property boundary by six inches or less, if the wall is part of a building, will accumulate adverse possession much faster. This also applies to overhanging eaves.
Squatting and entering without authorization are not necessarily the same thing. Illegal entry is illegal, while illegal occupation is, in most cases, a civil matter. That said, illegal occupancy can become illegal if the landlord or landlord has determined that an illegal occupant is not welcome.
Leave a Comment