By Adam Leitman Bailey and Matthew Eichel January/February 2016 Vol. 30 No. 1 The doctrine of adverse possession, under which a party can obtain title to real property owned by another, is surprisingly uniform throughout the eastern portion of the United States despite being a state law concept. The basic elements a party must demonstrate Full Article…
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Setting the Law Straight on Terminating Easements
At the present time, finding real estate property to buy has been compared to finding the Loch Ness Monster or Bigfoot. Buyers of land have become more creative and aggressive than ever before in trying to develop property for an anxious public. This search has resulted in a demand to discover options to remove restrictions Full Article…
Using the Judicial System to Abate the Foreclosure Crisis
By Adam Leitman Bailey And Rachel Sigmund Many stagnant foreclosures in the United States have been stuck in the judicial process for more than two years. This article describes how several states have addressed one of the primary legal impediments clogging the pipelines of pending or future foreclosures: lenders’ inability to locate the original mortgage Full Article…
Adverse Possession After the 2008 RPAPL Amendments
BY ADAM LEITMAN BAILEY AND JOHN M. DESIDERIO In 2008, the New York State Legislature enacted sweeping changes to those provisions of the Real Property Actions and Proceedings Law (RPAPL) that govern the circumstances under which title to real property may be acquired by adverse possession.1 The Legislature acted primarily to reverse the ruling of the Full Article…
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