Practice point: Claimant must prove that possession of the property was: (1) hostile and under a claim of right; (2) actual, (3) open and notorious, (4) exclusive, and (5) continuous for the required period.
Student note: Pursuant to RPAPL 501(3), "[a] claim of right means a reasonable basis for the belief that the property belongs to the adverse possessor or property owner, as the case may be."
Case: Hogan v. Kelly , NY Dept. 2011
Here is the decision.
Listen here.
Tomorrow’s issue: Prima facie tort.
Here is the decision.
Listen here.
Tomorrow’s issue: Prima facie tort.
