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Co-Tenant Acquired Entire Parcel by Adverse Possession

The Second Department determined a co-tenant of land owned by tenants in common had adversely possessed the entire parcel for the required 20-year period.  The court explained the applicable legal principles:

“Adverse possession must be proven by clear and convincing evidence” … . “To establish a claim of adverse possession, the following five elements must be proved: Possession must be (1) hostile and under claim of right; (2) actual; (3) open and notorious; (4) exclusive; and (5) continuous for the required period” … . ” [A]n inference of hostile possession or a claim of right will be drawn [where] the other elements of adverse possession are established, unless, prior to the vesting of title, the party in possession has admitted that title belongs to another'” … . Moreover, under the law existing at the time title allegedly vested here, in the absence of an overt acknowledgment during the statutory period that ownership rested with another party, actual knowledge of the true owner, or co-owner as is the case here, did not destroy the element of claim of right … . “Where, as here, the party claiming adverse possession is a tenant-in-common in exclusive possession, the statutory period required by RPAPL 541 is 20 years of continuous exclusive possession before a cotenant may acquire full title by adverse possession” … . Galli v Galli, 2014 NY Slip Op 03231, 2nd Dept 5-7-14

 

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