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Article II "Adverse Possession"

Adverse Possession: During the 2008 New York State Legislative Session, the Real Property Actions and Proceeding Law was amended by the addition of a new Section 543. The new section essentially provides that de minimus acts do not constitute adverse possession. The new section states that “the existence of de minimus non-structural encroachments including, but not limited to, fences, hedges, shrubbery; plantings, sheds and non-structural walls shall be deemed to be permissive and non-adverse”. It further states that “acts of lawn mowing or similar maintenance across the boundary line of an adjoining landowner's property shall be deemed permissive and non-adverse”.

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