Y. David Scharf Quoted in Wall Street Journal on Adverse Possession and Legal Battles Over Mere Inches

Chair and Co-Managing Partner Y. David Scharf was quoted in a front page article in The Wall Street Journal entitled “A Mogul’s 33-Story Luxury Hotel Faces Battle Over 18 Inches.” The article discussed how Extell Development Company’s plans to develop the first luxury hotel in the Diamond District are being challenged by a neighbor, who claims ownership of an 18-inch strip encroached upon by air conditioners. At issue is adverse possession, which allows one person to claim another’s land after openly using it for years.

David, who is not connected to the case but frequently litigates adverse possession claims, said that fights over ownership of tiny or seemingly undesirable parcels can drag on for years in court, as one party is often motivated by a desire to build slightly bigger, and the other, by visions of a multimillion-dollar settlement. “It’s economic opportunism against hostage taking,” David said.

David offered perspective on modern battles over property, stating, “Wars that kill people have been fought over boundaries. You are now seeing boundary wars find their way into a more civilized place for resolution, which is the courthouse.”

Read The Wall Street Journal article here.