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Lorenz v. Soares

Homeowners Fail to Raise Issues 10-Year Period for Adverse Possession May be Satisfied

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In an action pursuant to RPAPL article 15 to determine claims to real property (1) the defendants move for summary judgment dismissing the complaint (motion sequence #1); and (2) the plaintiffs cross-move to amend the complaint to add a cause of action for precise location (motion sequence #2):Papers Considered1. Notice of Motion/Affirmation of Jared Altman, Esq./Exhibits A-S;2. Notice of Cross Motion/Affirmation of Mark I. Reisman, Esq./Exhibits 1-4;3. Affirmation of Jared Altman, Esq. in Reply and Opposition.DECISION & ORDERFactual and Procedural Background

*1  Plaintiffs are the owners of real property located at 3 Bayden Road, Ossining, New York. Plaintiffs purchased the property in April 2005. The backyard of 3 Bayden Road is adjacent to three different properties that are located on Feeney Road, including 10 Feeney Road, owned by the defendants. Defendants acquired title to their property in January 1988. A chain link fence existed on the strip of property that runs along the southern boundary of defendants’ lot and close to portions of the northern boundary of plaintiffs’ lot. The fence was located entirely on the defendant’s property and was set back approximately ten feet. Plaintiffs commenced this action seeking to quiet title by adverse possession of the area of defendants’ property between the chain link fence and the boundary line of plaintiffs’ property, which covers approximately 800 feet (hereinafter the “disputed land”), and damages for trespass, nuisance, and an injunction. Plaintiffs allege that between 2005 and 2015, they maintained the grass of the disputed land and planted a

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