Practice point: To obtain title, a party must prove by clear and convincing evidence the common-law requirements: (1) that the possession was hostile and under claim of right; (2) that it was actual; (3) that it was open and notorious; (4) that it was exclusive; and (5) that it was continuous for the statutory period of 10 years.
Practitioners should note that, when the claim is not founded on a written instrument, the possessor must also establish that the disputed property was either "usually cultivated or improved" or "protected by a substantial inclosure," pursuant to RPAPL 522.
Case: Goldschmidt v. Ford St., LLC, NY Slip Op 00505 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Sidewalks.
