Adverse Possession—No Authority for the Proposition That Equitable Defense May Defeat Claim of Adverse Possession—Six Foot Fence Predated 2008 Amendments to RPAPL—Replacement of Original Fence With Something of Like Kind in the Same Area Did Not Trigger Anew the 10-Year Requirement—Respondents Established Title by Adverse Possession
A petitioner owner of real property sought an order directing that the respondent owners of adjacent property, remove a fence. The petitioner alleged that the respondent's fence "encroaches as much as 4.6 feet south of part of the northerly record line." The petitioner also sought reimbursement of any reduction in sales price of a pending sale, "if necessary, to close title and to recover incidental costs and expenses."
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