Practice point: A party seeking to obtain title by adverse possession must prove by
clear and convincing evidence that (1) the possession was hostile
and under claim of right; (2) it was actual; (3) it was open and
notorious; 4) it was exclusive; and (5) it was continuous for the
statutory period of 10 years.
Student note: Where, as here, the adverse possession claim is not founded
upon a written instrument, the plaintiffs must establish, in accordance
with the law in effect at the time this action was commenced, that the
disputed property was either usually cultivated or improved or protected by a substantial inclosure, pursuant to RPAPL former 522.
Case: Marone v. Kally, NY Slip Op 05882 (2d Dept. 2013).
Here is the decision.
Monday's issue: Judgment as a matter of law based on admissions, and eyewitnesses and probable cause.
