Posted 5 years ago on Feb. 6, 2012, 7:30 p.m. EST by gestopomillyy
This content is user submitted and not an official statement
Adverse possession is a common law concept developed in the 1800s. According to Lucas A. Ferrara, a partner in Newman Ferrara, a New York City real estate law firm, adverse possession was enacted to ensure that property wasn't abandoned and was "maintained and monitored." It requires the posting of a clear, public notice that someone is at the property -- hence the court filing -- and that someone would remain there for a specific period of time, usually 10 years.
After the time requirement is satisfied, the Robinsons of the world have the opportunity to claim clear title to the property. In the meantime, the original property owner could fight the action, but it would be costly. And since the house has already been abandoned, it's not likely the original owner would wage an expensive legal battle to get it back. The mortgage holder would have to fight a court action too.
now this is the first sensible old law i have ever heard of. and its legal