In an action arising in Queens County, New York, Plaintiffs brought suit against their neighbor, which happened to be Apple Bank, claiming that they were entitled to the right and title of a fenced in portion and unfenced portion of their neighbors land by reason of adverse possession. The Plaintiffs’ real estate attorney asserted that, for over 10 years, the land was fenced in and that they planted, cultivated and watered the vacant land. This was not deemed enough to acquire the land by adverse possession.
In regard to the unfenced portion, the Court ruled that Apple Bank submitted evidence showing that its own landscaper cultivated the land for over 16 years and that the Plaintiffs was allowed onto the Bank’s property “as a neighborly accommodation”. It thus denied that Plaintiffs were entitled to adverse possession of the unfenced portion of the land. In regard to the fenced in portion of the land, the Court ruled found that both parties made claims that they routinely entered the fenced in area in order to maintain the Bank’s property. With both parties claiming that they landscaped that portion of the land, the Court ruled that a triable issue of fact existed which warranted a trial on the matter.
This case was cited as Pritsiolas v. Apple Bankcorp Inc., 120 A.D.3d 647 (2nd Dept. 2014).