Judged Newsletter

Sign Up for THE DAILY JUDGED VERDICT. Our daily newsletter covers law firm salaries and everything you want to know about changes affecting law firms from people in the know. Sign Up Now!


Fetured Job Of the Day
Fetured Job Of the Day


Corporate/Business Attorney with 3-5 years of experience


Harrisburg office seeks corporate/business law attorney having 3-5 yea...
+ read more


Date Posted: Apr 22, 2017

Employer:   BCG Attorney Search

Salary: Not Specified


Location

New York
225 Broadway, 8th Floor
New York, New York - 10007

Website

http://www.finkelsteinnewman.com

Other Offices

+New York 

Staff Size : 11
Update this Info


News Brief Find out if this Firm is Hiring



No rating given to this firm

+ rate for real survey + rate for fun survey

Rate This Firm



No Reviews


Overall Quality of this Firm

For every category, 1 is the worst possible and 10 is the best possible answer.


No rating given to this firm.

Rate This Firm


Law Firm News

07-30-2006

Q. I am writing about the ""Your Home” column of July 2, which described a court case, an “action to quiet title by adverse possession,” in which a property owner acquired title to part of a neighbor’s property after using the land for more than 10 years. My question is this: Since the owner paid taxes on the entire property during that 10-year period, wouldn’t that be enough to guarantee his continued ownership? ... S. Lee, Manhattan

A. Lucas A. Ferrara, a Manhattan real estate lawyer, said that the ruling referred to by the letter writer was the case of Walling v. Przybylo, in which a G. Scott Walling, a lawyer, claimed title to a neighbor’s property in Queensbury, N.Y., under the centuries-old legal doctrine of adverse possession.

“In order for adverse possession to ripen into legal title in New York, the use must be actual, hostile, open, notorious, exclusive and under claim of right for a continuous 10-year period,” Mr. Ferrara said. In other words, the “adverse possessor” must be using someone else’s land without permission, without trying to hide the use and to the exclusion of the actual owner for at least 10 years.

“The fact that the owner paid all the property taxes during that time period will not be enough to defeat a claim of adverse possession,” Mr. Ferrara said. “As the Court of Appeals noted in the Walling case, the issue has more to do with who is using and occupying the property rather than who is paying the bills.
07-02-2006

A RULING handed down last month by the Court of Appeals, New York's highest court, reasserts a centuries-old legal doctrine that allows people who use someone else's land for a certain period of time and under certain conditions to acquire title to it without even paying for it.

The decision was issued by Judge George Bundy Smith in the case of Walling v. Przybylo, in which G. Scott Walling, a lawyer who owned property in Queensbury, in upstate Warren County, brought what is known as an ""action to quiet title by adverse possession."" The purpose of the suit was to acquire legal title to a portion of a neighbor's property that Mr. Walling had been using for more than 15 years.

""What this decision stands for more than anything else is that adverse possession is alive and well in New York,"" said James Grossman, a Rochester lawyer and a past chairman of the real property section of the State Bar Association. ""Property owners need to know that while adverse possession is not a favored method of securing title, it is a recognized one.""

Michael Liss, a real estate lawyer in White Plains, said in adverse-possession cases, which date back to English common law, certain criteria must be met. For example, the adverse possessor's use must be ""hostile and under claim of right,"" he said. In other words, if one neighbor is using another's property with permission, an adverse-possession claim cannot stand.

In addition, Mr. Liss said, the use must be ""actual, open and notorious, and exclusive."" In other words, the adverse possessor must physically use the land, must do so openly and without attempting to hide his usage, and must do so to the exclusion of the actual owner.

Finally, Mr. Liss said, in New York the use must be continuous for at least 10 years. ""And the Walling case is a textbook example of an adverse possession claim,"" he said.

In May 1986, Mr. Walling and his wife bought a building lot in Queensbury. In 1987, he started using a portion of the property next door by depositing fill and topsoil on it, installing 69 feet of drainage pipe underground and according to the decision, ""continuously mowed, graded, raked, planted and watered the grassy area in dispute.""

In 2004, Paul and Denise Przybylo, Mr. Walling's neighbors, had their land surveyed and discovered that they owned part of the land he was using. When Mr. Walling learned of this, he brought the action to quiet title by adverse possession.

Having found that Mr. Walling met all the requirements for adverse possession, the Court of Appeals affirmed a lower court ruling awarding him title to the disputed parcel.

Lucas Ferrara, a Manhattan real estate lawyer, said the case was a warning for all property owners who think that neighbors have encroached on their land. What commonly happens, he said, is that one owner erects a fence, a wall or an outbuilding on a neighbor's property, often unwittingly.

""That's why buyers should have a survey done of any property they are buying,"" Mr. Ferrara said, ""and every owner should check their property lines against whatever survey they have.""

If a neighbor is using your property, he said, the issue should be resolved immediately and before the 10-year period runs out.

One solution would be to grant the other owner permission, in writing, to continue to use the property, thus preventing any adverse-possession claim. Another way would be to ask the neighbor to remove the encroachment.

""If he refuses,"" Mr. Ferrara said, ""the courts may be the last resort.


Primary Practice Areas

Litigation and Trial, Transactions, Leadership, Targeted Problem-Solving, Commitment.

Update this Info

Benefits

NA
Other Benefits

NA



Top Performing Jobs
Legal Assistant

USA-CA-Irvine

We are looking for a Legal Assistant to join our team!  The Legal...

Apply Now
Litigation Paralegal

USA-CA-Irvine

We are a boutique-sized law firm seeking a responsible, highly organized, self-m...

Apply Now
Associate Attorney

USA-CA-Irvine

We are a boutique-sized law firm seeking an outstanding, professional and driven...

Apply Now
JDJournal - Send Tips
Planning Attorney with 10-25 years of trust/estate experience

USA-CA-Pasadena

Pasadena office of our client seeks Estate Planning Attorney with 15+ years of e...

Apply Now
Tax Planning Attorney with 5 years of experience

USA-CA-Pasadena

Pasadena office of our client seeks tax planning attorney with 5 years of experi...

Apply Now
Trusts and Estates Attorney with 5+ years of planning experience

USA-CA-Pasadena

Pasadena office of our client seeks trusts and estates attorney with 5+ years of...

Apply Now
Dear Judged


Dear Your Honor,
Dear Judge,

Do you ever experience any physical danger in the courtroom?  You do deal with all those criminals, right? 

Sincerly,

Concerned Bailiff's Mommy



+ more Judged Dear
+ write to Your Honor
Law Firm NewsMakers


1.
News Corp. Considers Splitting

LawCrossing

The Attorney Profile column is sponsored by LawCrossing, America`s leading legal job site.

Summary: This is a great question. There are many factors that impact a candidate’s ability to lateral from an overseas law firm to a top U.S. law firm.
Search Jobs Direct from Employer Career Pages
 Keywords:
 Location:
 
JDJournal

Enter your email address and start getting breaking law firm and legal news right now!



Every Alert

Alert once a day

 

BCG Attorney Search

You may search for specific jobs or browse our job listings.

Locations:

(hold down ctrl to choose multiple)

Minimum Years of Experience:

Primary Area of Practice:

 Partner Level Job(s)

Search Now