Del Vecchio v. Gangi — Fence Encroachment Is De Minimis and Cannot Support Adverse Possession Under NY’s 2008 RPAPL Amendments
The Appellate Division, Second Department modifies a Nassau County order to grant summary judgment dismissing an adverse possession counterclaim, holding that a metal fence erected in 2014 constitutes a de minimis non-structural encroachment deemed “permissive and non-adverse” under RPAPL 543(1), as amended in 2008 to curb bad-faith boundary-line squatting.