Adverse possession.

Practice point: To prevail on a claim of adverse possession, the defendants were required to establish that their possession of the disputed portion was (1) hostile and under claim of right; (2) actual; (3) open and notorious; (4) exclusive; and (5) continuous for the required period.

Student note: Moreover, inasmuch it was under claim of title not written, the defendants were required to establish that they usually cultivated or improved the disputed portion or that they protected it by a substantial inclosure.

Case: Tolake Corp. v. Altobello, NY Slip Op 06071 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Stay of the proceedings.