Through the professional kindness of attorney at law Adam Mandelbaum, the legal issue of adverse possession as seen via NYS Real Property Actions and Proceedings Law 543 is more clearly explained.

A new law on adverse possession wnt into effect July 2008 relating to how adverse possession is affected by acts across a boundary line.

In the past, when survey inspections showed encroaching fences and hedges greater than 12 inches on a property, the title company would not insure, and the lender would not lend, unless the potential encroaching property owner signed a boundary line agreement making no claim to the land encroached upon.

Items such as fences and hedges are now insufficient to create such potential.  Activities, which in the past could give rise to an adverse possession claim ( i.e. mowing, lawn watering, etc.) are now insufficient.

It is the legal opinion of Mr. Mandelbaum that this new law may make the resolution of title objections dealing with potential adverse possession claims less difficult, and thereby, make a successful closing more likely.

Mr. Mandelbaum has moved to newer, nicer offices at North Cove Plaza, 62 South Street, Suite 101, Oyster Bay, New York 11771.  He can be reached at (516) 624-0240.