In order to establish a claim of adverse possession, the occupation of the property must be (1) hostile and under a claim of right, (2) actual, (3) open and notorious, (4) exclusive, and (5) continuous for the statutory period of at least 10 years. As to the exclusivity element, the adverse possessor must alone care for or improve the disputed property as if it were his own. The hostility element is satisfied where an individual asserts a right to the property that is adverse to the title owner and also in opposition to the rights of the true owner. A claim of right means a reasonable basis for the belief that the property belongs to the adverse possessor or property owner, and can be founded on a written instrument.
Walters v. O'Quinn, NY Slip Op 05988 (2d Dep't October 29, 2025)
