April 29, 2013

The Supreme Court, Suffolk County has dismissed a neighbor’s action claiming “adverse possession” over a strip of land in Birch Tree Partners LLC v. Windsor Digital Studio LLC, Index No. 09-25251. The action involved a portion of a large estate located on Further Lane in the Town of East Hampton, and the neighbor plaintiff had claimed that its alleged maintenance of the property, coupled with its predecessor’s maintenance of the property, entitled it to claim ownership of the land through adverse possession.  The Supreme Court granted the defendant summary judgment dismissing the action on the ground that the plaintiff had conceded its lack of ownership by previously offering to purchase the property.