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A07859 Summary:

BILL NO    A07859 

SAME AS    No same as 

SPONSOR    Espinal

COSPNSR    

MLTSPNSR   

Amd SS511 & 521, RPAP L

Establishes a claim of adverse possession where property taxes are paid for ten
or more years on a property.
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A07859 Text:

                           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:

    1    Section  1.  Section  511 of the real property actions and proceedings
    2  law, as amended by chapter 269 of the laws of 2008, is amended  to  read
    3  as follows:
    4    S  511. Adverse possession under written instrument or judgment. Where
    5  the occupant or those under whom the occupant claims  entered  into  the
    6  possession  of the premises under claim of right, exclusive of any other
    7  right, founding the claim upon a written instrument, as being a  convey-
    8  ance  of  the  premises  in question, OR WHERE THE OCCUPANT HAS PAID THE
    9  PROPERTY TAXES OF THE PREMISES, or upon the  decree  or  judgment  of  a
   10  competent   court,  and  there  has  been  a  continued  occupation  and
   11  possession of the premises included in the instrument, decree  or  judg-
   12  ment,  or of some part thereof, for ten years, under the same claim, the
   13  premises so included are deemed to have been held adversely; except that
   14  when they consist of a tract divided into lots, the  possession  of  one
   15  lot is not deemed a possession of any other lot.
   16    S 2.  Section 521 of the real property actions and proceedings law, as
   17  amended  by  chapter  269  of  the  laws  of 2008, is amended to read as
   18  follows:
   19    S 521. Adverse possession not under written  instrument  or  judgment.
   20  1. Where there has been an actual continued occupation of premises under
   21  a  claim  of right, exclusive of any other right, but not founded upon a
   22  written instrument or a judgment or decree,  the  premises  so  actually
   23  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
       A. 7859                             2

    1    2.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE
    2  A PERSON OR ENTITY HAS PAID TEN OR MORE YEARS OF PROPERTY TAXES FOR  THE
    3  PREMISES, SUCH PREMISES SHALL BE DEEMED TO BE HELD ADVERSELY.
    4    S 3. This act shall take effect immediately.
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