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The Impact of Oral Permission on an Adverse Possession Claim

By Stewart E. Sterk

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

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