A boundary dispute over a party's rights to property is an action seeking to remove a cloud on title, which is an equitable remedy. The action is governed by the 10-year statute of limitations where the owner is out of possession. However, where, as here, the owner is in possession, the right of action to remove a cloud on title is a continuous one accruing from day to day, and this right is not barred by the statute of limitations until the cloud is continued without interruption for a length of time sufficient to effect a change of title as a matter of law.
Liberty Sq. Realty Corp. v. The Doe Fund, Inc., NY Slip Op 07082 (1st Dep't December 21, 2021)
