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Real Property Law
No Adverse Possession Because Possessor Had No Reasonable Basis for Belief
Guan v. EZC Carolinas, LLC, 222 A.D.3d 1086, AppDiv, Third Dept. (Opinion by Fisher, J.)
In an action to establish title by adverse possession, possessors appealed from Supreme Court's denial of their summary judgment motion. The Appellate Division affirmed, holding that possessors had not established a reasonable basis for the belief that the disputed property was their own and had not established as a matter of law that their occupation was not a de minimis encroachment.
In 2006, possessors began using a 10-foot by 20-foot shed that was located entirely on a neighboring parcel. In 2021, when the neighboring parcel changed hands, the new owner built a fence on the boundary line, separating possessors from the shed. Possessors then brought this action to establish title by adverse possession to the strip on which the shed was located. Supreme Court denied their summary judgment motion, and possessors appealed.
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