New York Property Law: When Neighbors' Silence Rewrites Boundary Lines
In case you missed the recent article in the N.Y. Real Property Law Journal (“NYRPLJ”) discussing the Practical Location Doctrine (see Actions Speak Louder Than Deeds: How a Neighbor’s Silence Rewrote Property Lines (NYRPLJ 2025, Vol. 53, No 1, pages 4-7)), we wanted to take this opportunity to alert you to this interesting option to potentially settle boundary line disputes between neighboring property owners. The Practical Location Doctrine differs from a claim for Adverse Possession in that a party seeking to acquire title to disputed land need only satisfy the two (2) following elements to succeed in their claim:
- A clear and permanent physical marker to establish the claimed demarcation of the boundary line between the properties and
- Mutual acquiescence by the neighboring property owners (or their predecessors in title) for the statutory period of greater than ten (10) years.
As a reminder, in order to succeed on a claim for Adverse Possession, a party must provide clear and convincing evidence that the possession was "hostile and under [a] claim of right"; (2) actual; (3) open and notorious; (4) exclusive; and (5) "continuous for the statutory period of 10 years" (Skyview Motel, LLC v Wald, 82 AD3d 1081, 1082 [2011]; see Brand v Prince, 35 NY2d at 636). The party must also show that the disputed property was "usually cultivated or improved" or "protected by a substantial inclosure (sic)" (RPAPL former 522; see Ram v Dann, 84 AD3d 1204, 1205 [2011]; Perfito v Einhorn, 62 AD3d 846, 847-848 [2009]; cf. L 2008, ch 269, § 5).
The NYRPLJ article discussed a decision from the Appellate Division, Second Department that applied the Practical Location Doctrine in affirming a Lower’s Court’s decision, which in part, awarded title to a disputed strip of land to the Plaintiff based on the parties’ mutual acquiescence and undisputed use, for more than ten (10) years, of a cinder block wall as the “practical” boundary line between the properties notwithstanding the actual boundary lines contained in their respective deeds. Below is a link to the decision for your review as this case may provide you with an alternative to resolve your clients’ boundary disputes if the facts of your specific situation would not support a claim for Adverse Possession.
You can view the case by clicking the below link:
https://www.nycourts.gov/reporter/3dseries/2024/2024_02519.htm
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