Adverse possession is a well-recognized method of gaining title to property,1 with a long history of court rulings in New York, including a number by the New York Court of Appeals.2 More than just a law school theory, adverse possession remains an alive and vibrant doctrine; indeed, the New York Legislature saw fit just a few years ago to amend the law setting forth the standard governing adverse possession.3
It has long been established that a governmental entity cannot lose title to property by adverse possession when it holds the property in its governmental capacity.4 Nonetheless, courts frequently are called on to resolve adverse possession claims by a private individual or company seeking to acquire property by adverse possession from a government or government entity. As reflected in the recent decision by the Supreme Court, Bronx County, in Brocho V’hatzlocho Corp. v. Metropolitan Transportation Authority,5 governments are not necessarily immune from the effects of adverse possession.
The ‘MTA’ Case
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
