Real Property
A legal doctrine allowing a person to acquire title to land by openly occupying it for a statutory period without the owner's permission.
Adverse possession allows a trespasser to acquire legal title if they occupy the land in a way that is open and notorious, actual, exclusive, continuous, and hostile for the statutory period. In New York, the statutory period is 10 years. The claimant must also pay property taxes during that period under recent NY law. Courts treat adverse possession narrowly: any interruption in the required conditions restarts the clock.
Exam Tip
Remember the elements: OCEAN — Open, Continuous, Exclusive, Actual, Notorious (hostile). All must be present for 10 years in NY. If the owner gives permission, the hostility element fails.
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Real Property
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NY Real Estate Real Property
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