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The Impact of Oral Permission on an Adverse Possession Claim
Does a prior owner's oral grant of permission to enter the disputed land at the owner's death operate to defeat an adverse possession claim by a person who, after the oral grant of permission, occupied the land for the statutory period? The Third Department faced that question this summer in Quinlan v. John Doe, NYLJ 7/8/13, and suggested that the oral grant did not defeat the adverse possession claim. The court's sensible conclusion was in tension with some prior law, and also raises questions about the future impact of New York's ill-advised 2008 revisions to the adverse possession statute.
The Quinlan Case
George Rossi purchased a cabin in Saratoga County in 1939, and apparently transferred title to the cabin to his brother Peter in 1947. Peter died, intestate, before George, and George occupied the cabin, in season, until 1976. George also died intestate, in 1976. At that time, the Quinlans, who had developed a close relationship with George, took possession of the cabin. In 2010, they brought an action to quiet title by adverse possession, and obtained an order permitting service by publication. Two grandnephews and a grandniece of George and Peter appeared and counterclaimed for a judgment quieting title in their favor. They argued that George's alleged grant of permission to the Quinlans defeated the latters' adverse possession claim. Supreme Court rejected their argument and awarded summary judgment to the Quinlans. The grandnephews and grandniece appealed.
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