As a property owner on Long Island, you may find yourself facing an unexpected challenge: squatters. At Flowers Law Group, our lawyers on Long Island understand the complexities of New York’s property laws and are here to help you protect your real estate investments. Let’s delve into the realities of squatters’ rights and what they mean for Long Island property owners.
The Reality of Squatters on Long Island
Squatting, the act of occupying an abandoned or unoccupied property without permission, is more common than many realize. From vacant vacation homes in the Hamptons to neglected properties in Nassau and Suffolk counties, squatters can significantly threaten property owners’ rights.
The 30-Day Rule: A Critical Timeline
In New York, including Long Island, squatters who have occupied a property for more than 30 days gain certain legal protections. After this period, they are considered “legal tenants” under state law, complicating the eviction process significantly.
Understanding Adverse Possession in New York
Adverse possession is the legal principle allowing squatters to claim property ownership after a certain period. In New York, this period is ten years of continuous occupation. However, meeting all the criteria for adverse possession is challenging, and successful claims are rare.
Key Elements of Adverse Possession:
- Hostile Claim: Occupation without the owner’s permission
- Actual Possession: Physical presence on the property
- Open and Notorious Use: Visible occupation to the public
- Exclusive Control: Excluding others from the property
- Continuous Occupation: Uninterrupted for 10 years
The Lengthy Eviction Process
Contrary to popular belief, removing squatters is not a quick process. In New York City, for example, the average eviction can take up to two years. While timelines may vary on Long Island, property owners should be prepared for a potentially lengthy legal battle.
Steps in the Eviction Process:
- Serve proper notice to vacate
- File an eviction lawsuit
- Attend court hearings
- Obtain a court order for eviction
- Coordinate with law enforcement for removal
Proposed Legislation: A Glimmer of Hope?
Recently, a bill aimed at differentiating between squatters and tenants was proposed in the New York State Assembly. If passed, this legislation could potentially expedite the removal process for true squatters. However, as of now, it remains a proposal and not current law.
Proactive Measures for Long Island Property Owners
While dealing with squatters can be challenging, there are steps you can take to protect your property:
- Regular Property Checks: Frequent inspections, especially for vacant properties.
- Robust Security Measures: Install alarms, cameras, and proper locks.
- Clear Signage: Post “No Trespassing” signs prominently.
- Maintain Active Utilities: Keep services on to discourage long-term occupation.
- Neighborly Vigilance: Enlist neighbors to report any suspicious activity.
Legal Strategies to Protect Your Property
At Flowers Law Group, we offer comprehensive legal services to help Long Island property owners safeguard their investments:
- Property Documentation: Ensuring clear proof of ownership
- Lease Agreement Review: Strengthening contracts to prevent false tenancy claims
- Swift Legal Action: Immediate response to unauthorized occupants
- Representation in Eviction Proceedings: Navigating the complex legal process
- Quiet Title Actions: Clearing any clouds on your property’s title
The Importance of Experienced Lawyers On Long Island
Dealing with squatters involves navigating a complex web of property laws, tenant rights, and court procedures. Having experienced lawyers on Long Island by your side can significantly protect your property rights and expedite the resolution process.
Contact Flowers Law Group Today
Don’t let squatters threaten your property rights on Long Island. If you’re facing issues with unauthorized occupants or want to protect your real estate investments proactively, contact Flowers Law Group. Our team of experienced lawyers on Long Island is ready to provide expert guidance tailored to your unique situation.