Adverse Possession Claim

[Scott Mayer]

I purchased a small piece of property next to my house to be able to access my current property for clean up. My neighbor is claiming adverse possession and taking me to court. To explain this parcel I bought and was deeded to me used to be an existing street. My neighbors tax lot is very definitive and does not include the parcel I purchased. He has however since planted a garden, parked, cars, trailers, and has a small utility shed on my property I bought. The grey area is that this piece of property had never had taxes levied against it. The owner of the property that I bought it from received a tax document this year for land assessment purposes. They stated to him that he will now have to start paying taxes on it. Now the owner sold it to me and I have now just paid this years taxes and irrigation on it. Can someone please give me some advice on how to best approach this, and does my neighbor have a solid case for adverse possession.

[Frank Chin]

This is the adverse possession requirements in NY State: NY adverse possession

He must have notorious use of it for 10 years and paid taxes on it for just as long. Based on your narrative, he used it only recently, i.e. less than 10 years, and you already paid the taxes on it, so he couldn't have paid it for the last 10 years. The recent owner has title from tax assessor and actually sold the parcel to you. It appears at least he did not meet several of the requirements for adverse possession. 

I would have an attorney handle it.