August 12, 2024

Adverse possession.

It is well-settled that a municipality cannot lose title through adverse possession to property which it owns in its governmental capacity, or which has been made inalienable by statute. Conversely, when a municipality holds real property in its proprietary capacity, there is no immunity against adverse possession.

Bronxville Scout Comm. v. County of Westchester, NY Slip Op 04055 (2d Dep't July 31, 2024)

Here is the decision.