In a prior article, which reviewed adverse possession cases decided by New York courts in the two years following the 2008 amendments to Article 5 of the Real Property and Proceedings Law (RPAPL), the authors noted that “during this period of transition, the courts must be alert to recognizing situations where adverse possession property rights were acquired prior to enactment of the amendments, even where the parties to the action may have failed to address the issue.”1
The RPAPL adverse possession amendments became effective on July 8, 2008, and they “apply to claims filed on or after such effective date.”2 The importance of distinguishing between adverse possession rights acquired before or after the 2008 amendments was made clear by the Fourth Department’s decision in Franza v. Olin.3
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