Archive | Adverse Possession

A Funny Thing Happened on the Way to the Beach.

A long simmering dispute regarding the public’s use of the beach at Napeague, East Hampton culminated in a trial at Riverhead.  The homeowners landward of the beach brought suit against the Town of East Hampton and the Trustees of the Freeholders and Commonalty of East Hampton claiming ownership of the beach. Following a multi-day trial, the Court ruled in favor of the Town and Trustees and dismissed the action.  On appeal, the Appellate Division, Second Department reversed. 191 AD3d 77 (2021). But the proceedings are far from over since the… read more

Posted in Adverse Possession, Public Trust, Title to Beach
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ADVERSE POSSESSION OF CONDEMNED LAND

Among the many interesting calls that I receive, this one is a doozy.  Many years ago, the City condemned property for urban renewal.  But never moved forward after acquiring title.  It did nothing and the land remained vacant.  Then after a passage of over 15 years, someone conveyed title to the parcel.  This sale was from an owner to another private party. The grantee, however, did not pay the City’s real estate taxes.  So, after a period of years, the City foreclosed on its tax lien taking title once again… read more

Posted in Adverse Possession, Title
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