Q: Does New York have "relativity of title" and possessory title?
Does New York have "relativity of title" and possessory title that either applies to intangible property and/or real property? If so, what does relativity of title provide someone with better title?
A:
I'm practicing 35 years and I've never heard of these.
Jack
Anthony M. Avery agrees with this answer
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A:
In New York, the concept of "relativity of title" refers to the idea that property rights are relative, meaning that one person’s title may be better or stronger than another's, depending on the circumstances. It does not mean absolute ownership, but rather that the person with the best claim to the property has the right to possess it. This concept often arises in disputes over possession, especially when competing claims to property exist.
New York recognizes possessory title in both real and personal property. Possessory title means that the person currently in possession of the property has certain rights, even if their title is not absolute. For example, someone in possession of property under a claim of adverse possession can eventually gain legal title after meeting specific conditions, such as open and continuous use for a prescribed period.
If you hold a better title under the relativity of title, it can give you the legal right to possession or ownership, even if someone else is currently in possession. The key is proving that your claim to the title is stronger than the other party’s, often through documentation, history of use, or legal principles like adverse possession.
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