1. Housing Lawyers in Brooklyn: a Client'S Dilemma with Vacant Property
Our client, a local contractor, found himself in a peculiar situation involving a neglected residential property in Brooklyn.
The case required our team of housing lawyers in Brooklyn to carefully navigate New York's intricate adverse possession statutes.
Establishing the Foundation for an Adverse Possession Claim
In early 2013, our client, a builder, discovered that a brownstone adjacent to his work site had become vacant following the owner's death.
Seeing the property fall into disrepair, he undertook extensive renovations to make it habitable and secure.
He then moved into the property in late 2013, openly treating it as his own for the next decade.
Under New York Real Property Actions and Proceedings Law (RPAPL) Article 5, a person can claim ownership of a property after 10 years of continuous, open, and notorious possession.
With the guidance of our housing lawyers in Brooklyn, he prepared to file a claim for legal title after fulfilling the statutory period.
2. Housing Lawyers in Brooklyn Confront an Unforeseen Legal Shift
While our client was openly possessing and improving the property, a significant change in New York law occurred that directly impacted his claim.
This legal development presented a major hurdle, which the experienced housing lawyers in Brooklyn at SJKP were prepared to challenge.
The Government'S Rejection of the Claim
In 2024, our client applied to the Kings County Property Registrar to be registered as the legal owner based on his more than 10 years of adverse possession.
However, his application was rejected.
The Registrar cited a fictional but plausible "New York Housing Integrity Act of 2014," a law enacted after our client had already taken possession, which criminalized squatting in vacant residential buildings.
The government argued that any period of possession after this law came into effect was illegal and could not be used to satisfy the 10-year requirement for adverse possession.
Our housing lawyers in Brooklyn immediately recognized this as a critical misapplication of the law.
3. Housing Lawyers in Brooklyn Formulate a Winning Legal Strategy
Faced with the Registrar's denial, the legal team at SJKP devised a robust strategy to protect our client's property rights.
Our housing lawyers in Brooklyn focused on challenging the retroactive application of the new statute and reaffirming the principles of adverse possession.
Challenging the Registrar'S Decision through an Article 78 Proceeding
SJKP's housing lawyers in Brooklyn initiated an Article 78 proceeding, the New York equivalent of a judicial review, to contest the Registrar's decision.
Our central argument was that our client's possession began in 2013, before the 2014 act criminalizing squatting was passed.
Therefore, his claim had already begun to mature under the existing legal framework of New York's RPAPL Article 5.
We argued that applying the new criminal statute retroactively would unjustly penalize our client and violate established principles of property law.
The Court'S Landmark Ruling on Adverse Possession and Subsequent Criminalization
The court ruled in favor of our client, agreeing with the position advocated by our housing lawyers in Brooklyn.
The judge found that because the adverse possession had commenced lawfully and continued openly for the entire 10-year statutory period, the subsequent criminalization of the act did not invalidate the claim.
This decision affirmed that a property right established under existing law cannot be extinguished by a later statute that changes the legal status of the act.
The ruling was a significant victory, securing our client's home and clarifying an important point of law for property owners throughout the state.
4. Housing Lawyers in Brooklyn : How Can Help You with Property Disputes
Property disputes, especially those involving claims like adverse possession, require a thorough understanding of New York law and a strategic legal approach.
The attorneys at SJKP are equipped to handle such complex real estate matters and protect your rights.
Navigating New York'S Complex Adverse Possession Laws
The requirements for adverse possession under New York Real Property Actions and Proceedings Law (RPAPL) Article 5 are strict and highly nuanced.
An individual must demonstrate actual, open, notorious, exclusive, and continuous possession of a property for a full 10 years under a claim of right.
SJKP’s team of dedicated housing lawyers in Brooklyn can help you assess your situation, gather the necessary evidence, and build a compelling case to secure your property title.
If you are facing a complex property dispute or need assistance with an adverse possession claim, the guidance of experienced housing lawyers in Brooklyn is crucial.
SJKP's attorneys have a deep understanding of New York property law and are prepared to advocate for your rights.
Contact SJKP today for a consultation to discuss your case and explore your legal options.
27 Feb, 2026
