Adverse possession complication

[Domenic DiPasquale]

I intend to sell my primary home in Brooklyn NY in April 2020. There is a long-standing 17 year encroachment of my extension 10 1/2" over my neighbor's property line. Please accept the fact that this is a TEXTBOOK case of adverse possession. I also have Title insurance which would cover me in the event of an action against me or if the title turns out to be unmarketable due to the encroachment. I wouldn't find that out until the sale commences with a future buyer and his title search discovers the encroachment issue. By then, I would be hoping for a fix with my Title insurance company maybe making a deal with the new buyer's Title company which might take only a few months, probably resulting in my Title company insuring only the encroachment for the new buyer. OR it might be   a prolonged fight which might turn out to be an adverse possession case initiated by might Title insurance company to make everything right, taking a few years to get through the Brooklyn courts. To add to this mishigoss, my neighbor is not the owner of record for the property. It's under his deceased mother and deceased uncle's names. ANY advice would be appreciated. 

[Davido Davido]

If you have a "TEXTBOOK case of adverse possession", then your move is simple -file a quiet title action asking that title to the 10 1/2" encroachment be quieted in your name.  It should be settled in less than a year for $4000 to $6000.   Since, your encroachment has occurred for 17 years, and since the contested property is under your neighbors "deceased mother and deceased uncle's names", it is possible or probable that neither your neighbor or anyone else will show up to oppose your suit.  And even if they do, you have a "TEXTBOOK case" -you'll win.  The hardest part of your Quiet Title Suit is likely to be locating and notifying all persons (heirs) with an interest in the property.  In fact, since you are already sure of your case, why hire a lawyer?  Get a paralegal to help you draw up the documents and file the Quiet Title Action yourself.   Cost of paralegal, filing fees, service of documents, and appearing in court would only be in the hundreds of dollars.  You'd save thousands.  Problem is, TEXTBOOK cases of Adverse Possession usually aren't. 

Good luck.