Litigating Adverse Possession Cases: Pirates v. Zombies

(Paperback)

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Description

Can a neighborhood Napoleon simply take over, and become the owner of, another neighbor's property Any attorney even considering approaching an adverse possession case, regardless of which side, must start here. This is the first known book which focuses on just this issue - and from the litigator's point of view. It is a one-stop shop for practitioners, with not only full descriptions of the ins and outs of the elements and potential defenses, and sample pleadings, but also various practical tips, tricks, clues, and ideas for successfully litigating these unusual cases.

Reviews

"Who would believe that a thirty-eight-chapter deep dive into every aspect of litigating adverse possession - that hoary doctrine that somehow transforms trespass into ownership - could also be an engaging and accessible read Paul Golden has somehow pulled it off. This erudite and comprehensive volume will prove truly invaluable for practitioners as well as academics and students engaging with one of the most enigmatic, yet practically important, areas of property law."

-Nestor M. Davidson, Albert A. Walsh Professor of Real Estate, Land Use and Property Law, Fordham Law School

"Paul Golden's book is a gold mine for any lawyer litigating an adverse possession case. The book collects cases on every aspect of adverse possession doctrine, and does far more than survey standard problems that complicate adverse possession law. Golden examines the peculiarities of local law in many states and outlines a variety of defenses available to adverse possession litigators. To top it off, Golden's refreshingly breezy style makes it easy to digest the valuable information he doles out."

-Stewart Sterk, Mack Professor of Law at the Benjamin N. Cardozo School of Law of Yeshiva University

Author Bio

Paul Golden is a partner of the New York firm Coffey Modica LLP. He concentrates on real estate litigation, commercial litigation, and appellate practice. His first book, on constructive trust litigation, was published by the ABA in 2022, and his second book, on adverse possession litigation, is scheduled to be published by the ABA in 2024. He has given lectures on American law at Japanese law schools. He has also had numerous legal articles published, one of which was cited by a federal case. He has also given two lectures on constructive trusts, and a lecture on depositions, for attorneys' continuing legal education requirements. Mr. Golden received his law degree from the University of Illinois Law School, and received his undergraduate degree from New York University. At the University of Illinois, he received awards and honors, including graduating magna cum laude, and being first in his class in tort law. He has successfully argued two cases before the Court of Appeals, New York's highest court. In one case, the Court agreed with Mr. Golden's argument, and curtailed the powers of one of New York City's administrative agencies. In the other, he convinced the Court to change New York law on a crucial issue of insurance coverage.