Courts Reject Retroactivity of Adverse Possession Claims

, New York Law Journal


In his Zoning and Land Use Planning column, Farrell Fritz partner Anthony S. Guardino writes: Amendments to Article 5 of the Real Property Actions and Proceedings Law that took effect on July 8, 2008, significantly altered the law applicable to adverse possession claims in New York. Decisions by the Second, Third, and Fourth Departments have made it clear, however, that the changes to the state's adverse possession rules do not apply to rights that vested before the law's effective date.

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