At Pearlman, Apat, Futterman, Sirotkin & Seinfeld, LLP, we have represented many clients involved in boundary line and adverse possession disputes. In one case we were retained by a church in Manhattan in which the abutting landowner's property burned down. The church needed to fortify a party wall and built a wall of brick approximately two feet wide on the side of its building encroaching onto the neighbor's property. Over 10 years went by before the neighbor complained and wanted the wall taken down. Our law firm was retained and agreed on behalf of church that it would be taken down once the abutting landowner rebuilt. The abutting landowner insisted the wall be taken down first, and with the advice of attorney Richard Apat, the wall was left in place.
By demonstrating to the court that the church had maintained the wall in an open, adverse and notorious fashion for over 10 years, we were successful in obtaining title to that tract of land and forever ensuring quiet title to that piece of land which was formerly owned by the abutting landowner.
In another case, an abutting landowner claimed to own a portion of our client's land. Richard Apat took the deposition of the abutting landowner claiming title. With a few well-placed questions which were not anticipated by the abutting landowner, Mr. Apat was able to establish that the abutting landowner was coming onto the land and maintained the land with the permission of the landowner. In other words, the party claiming title to the land was there with permission, it was not adverse, notorious and hostile, and therefore the claim of adverse possession failed.
Since 1950, our lawyers have resolved real estate and other legal challenges for thousands of clients in Queens and throughout New York. To learn more about our past case results and to find out how we can assist you, call 866-679-2513 or 718-577-2573 or complete our online form.
