Defending adverse possession claim

Exactly what qualifies as a duly registered deed is the next question. Aug 17, 2023 · Adverse possession is a process by which an occupier of land may obtain ownership if they have uninterrupted and exclusive possession of the land for at least 15 years. Oct 13, 2022 · Adverse possession. 28. & Rem. Our adverse possession lawyers have extensive experience in adverse possession and road discontinuance matters including making and defending applications to the Court and to Land Use Victoria. In Illinois, unlike in many states, a court can award title to a trespasser who has a deed indicating ownership of the land (even if the deed is defective or mistaken) and that trespasser has both been in possession of and paid proper property taxes on the land for seven consecutive years. CP10. (3) Claiming the property under a duly registered deed. Your Property and Adverse Possession. We offer pre-action advice, which includes assessing the merits of a claim and providing guidance on the evidence required to support or defend a claim for adverse possession. Apr 21, 2023 · Possession based on mistake is considered adverse and hostile unless it can be proved, by substantial evidence, that the possessor recognized the record owner's potential claim and expressly or impliedly showed an intent not to claim the occupied land if someone else held record title. “Defensive” use of adverse possession means defending against an adverse possessor’s claim of ownership of property by showing that the adverse possessor cannot prove their case. An applicant must show: 1. As specialists in these cases we act for clients nationwide to resolve their legal difficulties and to increase their prospects of success. 735 ILCS 5/13-101, et seq. 083 to strike sufficient fear in the title holder of a possible “double down situation” (i. 1. In this case, I focused heavily on the required twenty years of continuous, uninterrupted Oct 5, 2020 · What action should landowners take after successfully defending an adverse possession claim? From the perspective of the paper owner, the concept of adverse possession highlights the importance of keeping the address for service on the register up to date to ensure any notice of an application is received and can be responded to. Most adverse possession claims arise due to a misaligned dividing fence with neighbouring property or through enclosure of a disused laneway or road. A South Carolina trespasser's possession must, in order to support an adverse possession claim, be: hostile (against the right of the true owner and without permission. 40 The petition includes the other required allegations of a trespass-to-try-title action that apply to an adverse-possession claim, including the parties’ names and A quiet title action is simply a lawsuit to confirm or establish ownership of real estate. In the intricate domain of adverse possession, the rightful property owner possesses the means to effectively counter and invalidate the assertions of an intruder by strategically presenting evidence that challenges the essential elements supporting adverse possession. The case of Laming v Jennings is now the leading authority on how to successfully defend a claim for adverse possession. Claims for adverse possession can no longer be made for land owned by the Council if it is Torrens land. Under this test, a party must establish that his possession was (1) actual (2) adverse (3) hostile (4) under a claim of right (5) exclusive and (6 Nov 24, 2020 · Adverse Possession – sometimes referred to as “squatters rights” – is a legal way to obtain title to real estate without purchasing it, by occupying the property for a number of years. Phillip Leaman Principal Level 2, 333 Queen Street, Melbourne 3000 DX 181, Melbourne. PS: Use of someone else's property to gain access to your property (ingress and egress) is not Sep 29, 2023 · Adverse Possession: A principle of real estate law that allows a person who possesses someone else's land for an extended period of time to claim legal title to that land. Jun 7, 2024 · Adverse possession refers to the process in which an individual can claim ownership of land or property that they have used and controlled without the permission of the registered owner for a certain period of time (typically 10 to 12 years depending on whether the land is registered or unregistered). For this reason, a successful adverse possession defense attacks the viability of each element of the claim. For expert and effective legal advice on Adverse Possession Claims, call Duncan Lewis Property Dispute Solicitors on 033 3772 0409. 060: Rights inhere to heirs, devisees and assigns. 1 of the Judicial Code permits a party to seek to acquire title to real property by commencing an action to Feb 27, 2024 · Adverse possession, also known as “squatters rights,” involves the occupation of land owned by another with the intention of possessing it as one’s own. However, in an attempt to protect landowners from adverse possession, many properties in Ontario were changed to land titles under the Land Titles Act. Tel: (03) 8600 9333 Fax: (03) 9670 6359. ) exclusive, 6. Give us a call today at (401) 453-1200, and we will be able to “Offensive” use of adverse possession means one person claims to have obtained ownership of another person’s property through adverse possession. For a claim to be eligible, the land must have been possessed exclusively by the person making the claim and not be of Sep 19, 2017 · Adverse possession claims can be extremely complicated, whether you're filing a claim or defending against one. Defending against adverse possession claims can be important should you wish to sell or lease property later on. C. , Gilardi v. This is distinguishable from presumed or hypothetical possession. If you need professional help with such a Jun 20, 2016 · You can find more information related to adverse possession in our neighbor disputes, boundary disputes, and property boundaries sections. So here are your dad. Jan 3, 2023 · Adverse possession - otherwise known as "squatter's rights" - is a principle of real estate law that allows a person who possesses someone else’s land for an extended period to claim legal ownership of that land. 's Adverse Possession defense on the ground that adverse possession has no application to the causes of action in the First Amended Mar 23, 2024 · Adverse possession is a legal principle that grants ownership rights to an individual who resides on or possesses another person’s land without their permission. Adverse possession Sep 20, 2017 · Learn about the basic provisions of Illinois adverse possession laws in the table below. and Payment of Taxes: 7 yrs. To obtain ownership, the occupier of the land must prove the 3 main requirements: Apr 2, 2024 · See practice guide 5: adverse possession of (1) unregistered land and (2) registered land where a right to be registered was acquired before 13 October 2003 - section 3: The limitation period. 33 bars claims and defenses concerning real estate, unless within 30 years after the event giving rise to the claim or defense, an action is commenced or preserved in a recorded instrument as provided in the statute. Squatters are not tenants. section 893. To establish a claim of adverse possession a property owner must commence or defend a litigation in New York’s Supreme Nov 16, 2023 · 16 Nov, 2023. and Color of Title: 7 yrs. 020, 1174. In Hartman v. For all Housing related matters contact us online now. ) visible, 3. There can’t have been any interruptions to this occupancy, or the claim may be May 8, 2023 · Adverse possession is a legal concept that allows individuals to acquire ownership of another person’s real property by occupying and using it openly and continuously for a specified period of time. Any person in possession of real property, by himself or his tenant, or any person having or claiming title to vacant or unoccupied real property may bring an action against any person who claims or who may or could claim an estate or interest therein or a lien thereon adverse to him for the purpose of determining such In Louisiana, as in most states, the doctrine is controlled by state statute as well as the courts. Where a third party is in possession of the property for the requisite period, the registered owner’s rights to recover possession becomes “statute barred”. Because the law is poorly understood by most people, the belief persists that all that is required is to 1) find a vacant house, and 2) move in. If occupation of the land is exclusive and for ten years (for registered land) or 12 years (for unregistered land), then the occupier, or ‘squatter’ may be able to make a successful application to HM Land Registry so that the owner of the paper title, at HM Land Registry Jun 30, 2022 · It has been observed above that an individual can claim adverse possession over others’ land. This concept is based on the idea that land The adverse possessor must occupy and use the land continuously for the statutory period prescribed by Florida law. Adverse possession, sometimes referred to as squatting, is the occupation of land by a person who is not legally entitled to or Because adverse possession applications are usually quite complex it is almost always necessary to engage a solicitor experienced in this area. They make sure that a trespasser doesn't have too easy a time of claiming another's property, by placing the burden of proof on the trespasser. Mar 7, 2023 · On February 21, 2023, the New York Supreme Court (“the Court”) issued its opinion in Gelles v. App. ) open, 4. See, e. who has continuous adverse possession for 12 years has to prove it and the real owner Only the title has to be presented. 1992). Signs declaring "Private Property" or "No Trespassing" put others on notice that they are in a place where they are not permitted on land they have no right to use. See the sections on adverse possession. There is also the potential for a claim for land controlled by Council which is a Adverse possession is the process whereby title to another person’s real property is acquired without compensation by holding the property in a manner that conflicts with the true owner’s rights for a specified period of time. potential threat of having to pay both the title holder and the adverse possessor’s Adverse Possession is the act of someone occupying a piece of land belonging to another without the owner’s consent. Someone might claim ownership based on a normal deed. the real owner of the property had to prove ownership and possession of the property for 12 years, but according to the Limitation Act 1963, the defendant i. Contact Us. Stat. It can lead to a transfer of ownership if conditions are met and the original owner doesn’t challenge the claim. Adverse possession claims in residential areas tend to fall into 2 categories. ) actual, 2. This can lead to people believing property is theirs when in fact it is not. In this blog post, we will delve into the requirements, acts that Jun 26, 2023 · Conclusion. 20 yrs. Expert advice from specialist adverse possession claims solicitors. See Adverse Possession: Continuous Trespassers' Rights for more details. These requirements, especially factual possession and the necessary intention to In short, the answer is usually no. Generally the first involves claiming the land against your Defending Adverse Possession Claims. The date of dispossession will begin from the date when the Plaintiff has been dispossessed. Procedure for Adverse Possession claim over registered land. Sep 9, 2020 · According to Tex. Adverse possession allows a person to claim title to land that is not owned by them, in circumstances where they have had exclusive and continuous possession of the land for a period of at least 15 years without the consent of the registered proprietor of the property. Our property lawyers can provide expert advice on whether you are likely to Adverse possession in Michigan is regulated by state statute as well as by the courts. Adverse Possession Claims. 5801. au. Note that you must deliver to the court a copy of the claim form or a levying officer's Sep 8, 2020 · According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. com. If you need assistance, please contact me. That is, the true owner must not interrupt the adverse possession Adverse uses of land are not recorded and your title insurance company typically will deny a request to either bring an adverse possession claim on your behalf or defend a claim related to an adverse possession. Defendant Dansk's additional UMFs (6-8) are unopposed but immaterial. HTML PDF: 7. If you Losing title deeds then makes defending an adverse possession claim even trickier. Here to provide clear and pragmatic options to resolve the issue. In Michigan, “actual possession” in the context of adverse possession refers to a person physically occupying and using a property as if they were the true owner of the land. Sauvage, NY Slip Op 50120(U) (Sup. This process typically requires continuous, exclusive, and open occupation or use of a property by a non-owner for a specific statutory period (Sprankling & Coletta, 2019). Having contradictory evidence as to the property in question (i. Generally speaking, to establish a claim of adverse possession, the owner of the adjacent property must have been in possession of the disputed area for at least ten years and that possession must have been: (1) open and notorious As in most states, adverse possession in South Carolina is established from the nature of a trespasser's possession and the length of time the person possesses the land. In Ontario, a person can make a claim for possessory title after occupying a piece of land for a minimum of 10 years. S. Adverse possession results in a multitude of additional issues related to city zoning and obligations under your deed of trust. Importantly, the burden of proof to establish a claim of adverse possession is on the trespasser. Experienced nationwide solicitors, offering fixed fee service for initial assessment of claims allowing clients to protect their rights of TLFC Law’s Adverse Possession Lawyers are able to provide expert assistance to help you either defend or make a potential claim for adverse possession. Nov 16, 2023 · At IBB Law, our solicitors are highly experienced in handling adverse possession cases and can provide comprehensive support throughout the process. He's not trying to steal the garage and property from the neighbor. The second is where your property has enclosed an old laneway, disused road or even upon old creek lines. This process can result in the extinguishment of the true owner’s rights. 2d 591 (Colo. 025, a 5-year adverse possession claim requires: (1) Cultivation, use, or enjoyment of the property; (2) Payment of applicable taxes on the property; and. As you can see, asserting or defending against an adverse possession claim can be complicated and factually dependent. LAWTEC Solicitors has a successful litigation department and our solicitors regularly handle property litigation cases in the county court or in the Appeal Court. If the tenant fails to do this, they can still put forward a Title by Adverse Possession Title to property may be lost by adverse possession. Over time, however, and depending on the laws in your state, a trespasser can come onto your land, occupy it, and eventually gain legal ownership. lack of hostility can be used by the property owner to defeat an adverse possession claim. Here to minimise disruption. For a claim for the transfer of title due to adverse possession to succeed, the following has to be shown: That the claimant has had exclusive, open and actual but unauthorised use of the relevant land for a continuous period of fifteen years or more; The adverse possession of the land has not been a secret; The Jul 1, 2015 · Parker, the court of appeals clarified the application of Wis. (a) This rule governs an action to quiet title of property pursuant to Section 5527. The trespasser doesn't need to intend to take the land by 7 December 2017. There are many different interests people can have in the property. Land can be claimed in specific instances by those who do not hold legal title over that land. Under Section 60 of the Transfer of Land Act, adverse possession can be the Apr 17, 2023 · There are three essential requirements which must be present for the required period. The legal holder of title is the presumed owner until the adverse possessor can meet that burden. At all times, occupation without the owner’s consent. Jan 19, 2024 · Defending adverse possession against a squatter’s claim . Section 5527. Official Note. However, a statute of limitation terminates a landowner's right to defend against such claims after 15 years, and it is the expiration ofthis statutory deadline that gives rise to ownership. So to speak, adverse possession is seen as one of the doctrine Apr 18, 2024 · 1. There remain many potential claims where the potential possessor can legitimately claim a lack of knowledge of another lawful owner of the land. 3d 317. The legal holder of title to the land is the presumed owner until the adverse possessor can meet that burden. possession) of someone else’s property. Claim for Adverse Possession. But a squatter can still claim title to registered land. . Complexities sometimes occur and this can increase fees. Defending adverse possession claims. Our standard fees range from $3,500 for the very straightforward applications, to $4,500 for the more difficult applications. To establish a claim of adverse possession, the claimant must prove that the claimant’s possession is: (1) exclusive, meaning no other person has possessed the property for […] Apr 12, 2024 · adverse possession is a legal principle that allows a person who doesn't have legal title to a property to claim ownership of that property if they have been using it openly, continuously, and exclusively for a certain period of time. encroaching onto neighbouring property. In other words, it is the trespasser's job to prove that the judge Feb 14, 2023 · Feb 14, 2023. Feb 6, 2022 · The rules of adverse possession may mean that you are at risk of losing your property if you do not act quickly enough in challenging the claim. However, if the adverse possessor has been paying taxes on the possessed property, this period of time may be shortened to 5 years. 3. This is an interesting law also known as "squatter's rights". According to the Limitation Act 1963, if a Property owner fails to assert their ownership rights for a period of 12 years, the ownership rights can be transferred. Jan 23, 2023 · The Land Registration Act 2002 (“the Act”), now provides significant protection against adverse possession for owners of registered land. Establishing adverse possession. In Australia, an adverse possessor can become the legal owner of the claimed land after exclusively occupying it for a specified statutory period, typically at least 12 – 15 years. g. 2023), a factually interesting but relatively straightforward adverse possession dispute, providing a comprehensive summary of New York’s adverse possession law, its various elements and nuances, and an example of the forms of proof sufficient to establish Mar 4, 2010 · Adverse-possession disputes are emotionally charged matters that are pervasive in Wisconsin. SECTION 15-67-10. There are a number of things that can stop adverse possession in its tracks: Negating one of the above elements: If the rightful property owner can show that the adverse possessor has not satisfied one of the above elements, then the adverse possession claim will fail. Essentially, Adverse Possession allows a person to claim title to land that is not owned by them. Dowse v City of Bradford Metropolitan District Council (2020) Who may maintain actions — Service on nonresident defendant. As Selwan Yousif, civil litigation and dispute resolution expert with with Pengelly & Rylands in Tenterden, Kent explains, ‘Adverse possession is a means by which someone who has been in continuous Jan 22, 2022 · 2. Apr 11, 2023 · Adverse Possession is the legal concept through which individuals can acquire ownership rights of private property. The person must have possession in the sense of an occupation of the land. Put up signs. 050: Limitation of actions for recovery of real property — Adverse possession under title deducible of record. After an 11 day hearing, the plaintiff successfully defended the adverse possession claim and the Court ordered an easement for recreation. pleaman@tlfc. 41 Section 893. [ 8] The tenant should include anything that they wish the court to consider in their defence. Defending Against Adverse Possession Claims. LAWTEC Solicitors have a wealth of experience in property matters and can act swiftly to protect a client’s interests in adverse possession claims. Through adverse possession, a trespasser can gain ownership of just a few feet of property or hundreds of acres. Apr 19, 2021 · In most cases, this required period of time is 10 years. It alleges each element of a ten-year adverse-possession claim—actual, visible, continuous, hostile, and exclusive possession and use of the property for over ten years. ) continuous and uninterrupted for the statutory period of 15 years, 7. So someone trying to make a claim for adverse possession would have Jun 13, 2021 · Under the Limitations Act 1969 in NSW, a claim of adverse possession can be made against an owner after living in the property unobstructed for a period of 12 years. Visible Possession. These signs also provide blanket protection you can use to avoid an adverse possession claim. A person claiming real property adversely must be in actual possession of the property in order to make a claim effective. The first, is where the fence line is misaligned with the title boundary. If it can be shown that productive use is made over land, for a period of time, then it is possible for an individual to legally Feb 12, 2024 · The three main tests in an adverse possession claim are: (a) one must have occupied the land to the exclusion of others; (b) the occupation must be without the consent of the owner; and (c) the occupation must be for a continuous and uninterrupted period of at least twelve years. If the tenant plans to defend the claim for possession, they must file a defence with the court within 14 days of receiving the claim documents. Under Title VIII Chapter 95 of the Florida Statutes, the occupant must have been in “continued possession of real property for 7 years. Finally, the individual’s adverse possession and use of the property must be peaceable. 0800 923 2064. III. ) notorious, 5. Mar 24, 2020 · There are a number of factors that are necessary to evaluating an adverse possession claim and defenses thereto. Doing so, however, depends on proving one of the three exceptions set out in the Act. 5 days ago · Ontario. Perform a title search. If you find yourself facing an adverse possession claim, you should take the following steps: Consult an Attorney: The first and most crucial step is to consult with a real estate attorney who specializes in adverse possession cases. Mar 22, 2018 · An alternative claim was made by the defendant that he had acquired an easement through the doctrine of the lost modern grant. Property lawyers generally attest to the fact that the best defence against squatters is to secure your property with fences and locks and other security measures. Adverse Possession is a legal principle enabling the occupier of a piece of land to obtain ownership. Oct 27, 2021 · Of course, adverse possession claims can be challenging and highly technical. ) under cover of claim of right. The legal holder of title to the land has the presumption of ownership until the adverse possessor can meet that burden. Or, someone might claim ownership based on a will or inheritance. In Iowa, there is a doctrine known as “adverse possession” which “To establish adverse possession, the party claiming it must show clear and cogent proof of possession that is 1. Time Period Required for Occupation. It can't happen overnight. Adverse Possession by Payment of Taxes. The plaintiff denied that the defendant had any claims. If you have been notified of an adverse possession claim our adverse possession team can help you defend the application. In order to establish a claim to another’s property by adverse possession, a person must exercise control over another person’s property that is inconsistent/adverse with the property owner’s rights. Adverse possession is a legal principle where someone can gain ownership of another person’s land by openly using it without permission for a specified period (usually 10-12 years), while meeting certain criteria. If the property is unoccupied for lengths of time, check on it regularly and ensure it is maintained. 1 of the Judicial Code, 42 Pa. They have had factual possession of the land. Complete the Adverse Possession enquiry form on this page or call us on 0800 088 6004 for more information. They must, to put it simply, be there, both live and in person. Asked him for permission to build the garage and he allowed it. using another person's property while believing it to be yours can be "hostile". The relevant statute governing adverse possession is MCL 600. The May 14, 2019 · What is Adverse Possession? Adverse possession is a legal doctrine under which a person can establish real estate ownership through consistent use (i. However, if the land is in the Council’s name and is general law land then you can make a claim for adverse possession. Jan 19, 2018 · For adverse possession, the evidence must “clearly and cogently” be in their favor. They can provide guidance and develop a strategy to defend Defending Against an Adverse Possession Claim. ” The possession is not adverse if the landowner agrees to it. § 5527. the property owner can make sure the trespasser's use isn't "hostile" by granting permission for the use. Notice. § 4. Code of Civil Procedure, §§ 715. This happens when they openly and notoriously possess that land without any interruption for a minimum period of 12 years. The exact requirements for an adverse possession claim can vary depending on the jurisdiction, but in general Jan 5, 2024 · Effective Strategies To Defend Adverse Possession Claims. Adverse possession occurs where a person has enjoyed uninterrupted and exclusive possession of land for a period of 15 years. Persons who may bring action to determine adverse claim. Code § 16. CLAIM OF RIGHT TO POSSESSION AND NOTICE OF HEARING. Rule 1065. Adverse Possession is a legal principle which is also commonly known as “squatters rights. We can advise occupants, landlords, tenants, and property owners on squatters and adverse possession claims. By Tori Reese. This would include advice in relation to the application, preparing and filing any objections and providing advice and representation at any Tribunal proceedings. The adverse use must be, as the courts have put it, “continuous, visible, open and notorious. When you get the title report back, look to see who owns the property. Recent cases heard by the Wisconsin Court of Appeals highlight some of the many complications of adverse possession and provide insight into how to prove and defend adverse-possession claims and how to avoid a dispute in the first place. Land claimed under The Basic Components of Adverse Possession. “ Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit session. 070: Adverse possession under claim and color of title — Payment of Sep 12, 2023 · Actual Possession. The Statute: MCL 600. The necessary intention to possess the land. The most common form of this comes from driveways, fences, sheds, etc. As properties get sold and land transfers hands, it can become difficult to ascertain where boundaries are without official surveys. Hallam (1981) 30 Cal. Hiring an attorney will help ensure that the proper forms are filed on time, that your specific details are properly taken into account, and will generally give you a better shot at success. As part of the Squatter’s application to the Land Registry for registration as owner of the adversely possessed piece of land, the following documents will need to be lodged: Form 6 with exhibits – this is s Adverse Possession defense Plaintiffs' UMFs (1-5) are established as stated. Plaintiff: CASE NUMBER: Defendant: 12. 5801 [MCL 600. Goldman,13 an action commenced in April 2009, the Westchester Supreme Court applied the 2008 amendments and granted the defendant Goldman summary judgment against the plaintiffswho claimed adverse possession of the disputed parcel based Jul 21, 2009 · Greager, 827 P. Under the Limitation Act 1908, the plaintiff i. You can hire a title company to perform a title search. Jan 21, 2024 · As appearing in the Law Institute of Victoria Journal in August 2019 an article by Phillip Leaman which explains how to defend an adverse possession claim by a neighbour. However, in this May 28, 2024 · Michigan recognizes adverse possession, a legal doctrine allowing someone to acquire ownership of real property they’ve occupied for a specific period, even without a formal title. 33 to adverse possession claims. Your dad doesn't care to get the land back or the garage back so that means he's clearly not adverse. Mar 4, 2010 · Adverse-possession disputes are emotionally charged matters that are pervasive in Wisconsin. 2. This period of limitation in the case of Government/State property is 30 years. In an adverse possession claim, if any of the requirements “remain unproven or left in doubt”, the claim must fail. It occurs where a person has had exclusive possession of land for a period of 15 years without the consent of its true owner. Aug 20, 2021 · Adverse Possession Defense. 5801], titled “Limitations of actions – real property. Grant Plaintiffs Harch and RPJ's Motion for Summary Adjudication as to Defendant Dansk Investment Group, Inc. 010, 715. Code Section. Within a quiet title action, different theories of ownership could be asserted to “win” the quiet title action. Establishing title through adverse possession is a lengthy and potentially complicated process. I am filing my claim in the following manner (check the box that shows how you are filing your claim. ”. Ct. a property renter can never be considered a hostile possessor, and. If the adverse possessor acquires title, the rights of the true owner are extinguished. It is too late to take proceedings and the person in possession […] Defending adverse possession claims If you have been notified of an adverse possession claim against your land by a squatter, our adverse possession lawyers can help you object to the application, including providing advice in relation to the application, preparing and filing objections at the Land Registry, and providing advice and Mar 13, 2012 · In other words, if the adverse possessor has a strong case, well then the adverse possessor should go ahead and claim it because he, she or they can use RCW 7. You need to find out exactly who owns the property so that you can sue them in court. This involves treating the property as their own, making improvements, and using it as a typical owner would. Civ. Prac. was it ‘a’ or ‘b’ or, indeed, ‘ground floor, property b’ etc) made piecing the title together less than straightforward, a re-name of the buildings following residential re-development Tenant's response - defending a claim. Nov 5, 2019 · Adverse Possession (Vic) Adverse possession is a property law principle that allows a person to claim ownership of land without paying for it. If you have concerns that your property could be on the clock toward an adverse possession claim, we encourage you to consult with our land use attorneys well-versed in preventing, pursuing, and successfully defending against claims of adverse possession in all forms. 3. An application for adverse possession is made to the Land Registry. 2 SURVEY VERSUS ADVERSE POSSESSION Boundaries established by adverse possession will supersede the outcome of an otherwise indisputably correct and post-RPAPL amendments to an adverse possession claim. Squatters occupy premises without the consent of the person who is legally in possession Adverse possession in New York is governed by statute, but also by the courts. e. gc og pq ag pk xd yv bi an bv