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Soellner v. Soellner

Adverse possession claim dismissed; claimant's sister is property's presumptive lawful owner.

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Justice Thomas

SOELLNER v. SOELLNER — Plaintiff alleges that in 1974, she purchased the property located at 150-33 75 Avenue, Flushing, New York improved with a two-family house, from its previous owners, William and Beryl Forde, for $35,000, using her own savings, and other funds borrowed from the parties’ parents, Anna Soellner and Nicholas Soellner, both of whom are now deceased. Plaintiff further alleges that in connection with her purchase, she entered into an oral agreement with her parents, whereby she agreed to repay the loan and entrusted her parents to hold title to the property for her benefit. Plaintiff also alleges that at the time of the purchase, and unbeknownst to her, defendant, plaintiff’s sister, was named on the deed dated August 14, 1974, as a grantee in addition to the parties’ parents. Plaintiff, who suffers from muscular dystrophy, has resided in the downstairs portion of the house since her alleged purchase of it in 1974, and rented the upstairs portion of the dwelling to tenants. Plaintiff allegedly has repaid the loan to her parents and routinely made payments for the maintenance and upkeep of the property, including real estate taxes.

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