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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100053
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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What is a right to squatter that's been in a house since

Customer Question

what is a right to squatter that's been in a house since 2008 and the landlord walked away from the property
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

First of all, understand that squatter's rights are not automatic. Squatter's rights - known more formally as adverse possession - is done via the Court. One FILES in Court, and proves that title should be given to them via adverse possession by proving that they satisfy all the requisites for it.

The requisites are that the property be held by the claimant a way that is “adverse, under claim of right, open and notorious, continuous, exclusive and actual.” And, that this be done for a minimum of 10 years. § 501 of the Real Property Actions and Proceedings Law of New York.

So the claimant will only have an ability to claim a title earliest in 2018, but not before, and this is by filing in Court and proving that they lived on that property for 10 years

adverse (without right)
under a claim or right
openly/notoriously
continuously
exclusively
actually

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Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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