Scott Mollen Deed Restrictions and Rent Stabilization: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "West Mtn. Assets LLC v. Dobkowski," where parcel owners established exclusive possession, not adverse possession, of a disputed area, and "Diamond Back L VL LLC v. Reynolds," where after a tenant established its building had at least six units, the court held it was subject to rent stabilization.
May 16, 2023 at 11:58 AM
16 minute read
Real EstateAdverse Possession—Deed Restriction—There Is a Dearth of Authority in New York On the Construction To Be Given to the Phrase 'Single Family Residential Purposes' When Such Appears In a Deed Covenant or Restrictive Declaration—Adverse Possession Claim Failed—Lack of Evidence That Use of Disputed Land Was Under a 'Claim Of Right' Even Though The Use Was 'Exclusive'—Deed Restriction Limiting Use to 'Single Family Residential Purposes' Violated By Owner Who Rented Home for 'Ongoing Short-Term Rentals To Transient Tenants'—Even if Short Term Rentals Were Not Commercial Use, They Would Not Be 'Single-Family Residential Uses'—Transient Tenants' Use for 'Cooking, Bathing, Sleeping And Recreating' Were 'Quintessentially Residential'—'A Single-Family Use Is One That 'Bears the Generic Character of a Family Unit Has a Relatively Permanent Household'"
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