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Assembly Bill A7859

2013-2014 Legislative Session

Establishes a claim of adverse possession where property taxes are paid for ten or more years

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Archive: Last Bill Status - In Assembly Committee

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2013-A7859 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd ยงยง511 & 521, RPAP L

2013-A7859 (ACTIVE) - Summary

Establishes a claim of adverse possession where property taxes are paid for ten or more years on a property.

2013-A7859 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7859

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2013
                               ___________

Introduced  by M. of A. ESPINAL -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to  adverse possession where property taxes are paid for ten
  or more years

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  511 of the real property actions and proceedings
law, as amended by chapter 269 of the laws of 2008, is amended  to  read
as follows:
  S  511. Adverse possession under written instrument or judgment. Where
the occupant or those under whom the occupant claims  entered  into  the
possession  of the premises under claim of right, exclusive of any other
right, founding the claim upon a written instrument, as being a  convey-
ance  of  the  premises  in question, OR WHERE THE OCCUPANT HAS PAID THE
PROPERTY TAXES OF THE PREMISES, or upon the  decree  or  judgment  of  a
competent   court,  and  there  has  been  a  continued  occupation  and
possession of the premises included in the instrument, decree  or  judg-
ment,  or of some part thereof, for ten years, under the same claim, the
premises so included are deemed to have been held adversely; except that
when they consist of a tract divided into lots, the  possession  of  one
lot is not deemed a possession of any other lot.
  S 2.  Section 521 of the real property actions and proceedings law, as
amended  by  chapter  269  of  the  laws  of 2008, is amended to read as
follows:
  S 521. Adverse possession not under written  instrument  or  judgment.
1. Where there has been an actual continued occupation of premises under
a  claim  of right, exclusive of any other right, but not founded upon a
written instrument or a judgment or decree,  the  premises  so  actually
occupied, and no others, are deemed to have been held adversely.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11290-01-3

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