Breaking News: PAFSS win another complex adverse possession; boundary dispute; and trespass lawsuit.
The defendant was unwilling to resolve the matter at any point through discovery or trial. Ultimately the court agreed with our position; "There really was no basis for the defendant to obtain adverse possession of our client's property because the defendant came onto our client's property with permission," according to Mr. Apat.
The Courts decision...
As was found by the court appointed referee Leonard Florio, Esq. in his Decision dated June 20, 2012; "as conceded by defendant ... he was asked by plaintiff to enter their property and maintain the hedges on plaintiff's side. This fact, together with defendant's keeping the disputed area manageable, is insufficient to establish adverse possession by usual cultivation or improvement. (See Giannone v. Trwood Corp, 266 Ad, 2d 430 (2nd Dept. 1999), nor was the work performed hostile and under the claim of right."
What we do at PAFSS...
We have a lot of experience in litigating these boundary dispute, adverse possession, nuisance and trespass actions. PAFSS also handles Specific Performance real estate cases (to force a seller to go forward on a real estate contract), return of down payments (under the proper facts), real estate Partition and Accounting actions in which property has to be divided or sold. Even Real Estate litigation giving a landowner permission to come onto a neighbor's property in order to make repairs to one's own property pursuant to the Real Property Actions and Proceedings law.
Mr. Apat points out that having a partner who has represented thousands of real estate clients in both residential and commercial properties for over 29 years provides a great advantage. "My partner Lynn Sirotkin, Esq., who has over 29 years of experience in Real Estate Law and Real Estate transactional work is right down the hall. I confer with her and use her Real Estate knowledge and expertise in most of these Real Estate Law cases."
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