To establish the claim, the occupation of the property must be hostile and under a claim of right, that is, a reasonable basis for believing that the property belongs to a particular party; actual; open and notorious; exclusive; and continuous for at least the statutory period of 10 years. The character of the possession must be such that it would give the owner a cause of action in ejectment against the occupier. In addition, where the claim of right is not founded upon a written instrument, the party asserting title by adverse possession must establish that the land was usually cultivated or improved or protected by a substantial inclosure. Because the acquisition of title by adverse possession is not favored under the law, the elements must be proven by clear and convincing evidence.
Blake Rising, LLC v. Atlantic Collision, Inc., NY Slip Op 04450 (2d Dep't August 12, 2020)
