You are here: / / Requirements of Adverse Possession by “Tacking” Explained (Not...

Requirements of Adverse Possession by “Tacking” Explained (Not Met Here)

In affirming the grant of defendant’s motion for summary judgment dismissing the complaint claiming adverse possession of a strip of land, the Second Department explained the requirements for adverse possession by “tacking” the possession of prior owners:

A party claiming adverse possession may establish possession for the statutory period by “tacking” the time that the party possessed the property onto the time that the party’s predecessor adversely possessed the property … . Tacking is permitted where there is an “unbroken chain of privity between the adverse possessors” … . For tacking to apply, a party must show that the party’s predecessor “intended to and actually turned over possession of the undescribed part with the portion of the land included in the deed” … . In order to succeed on a claim of adverse possession, a party must provide clear and convincing evidence that the possession was “hostile and under a claim of right”; (2) actual; (3) open and notorious; (4) exclusive; and (5) “continuous for the statutory period of 10 years” … . The party must also show that the disputed property was “usually cultivated or improved” or “protected by a substantial inclosure” (RPAPL former § 522 …). Munroe v Cheyenne Realty, LLC, 2015 NY Slip Op 06902, 2nd Dept 9-23-15

 

You might also like
“UNITED METHODIST CHURCH” IS NOT A JURAL ENTITY WHICH CAN BE SUED IN THIS CHILD VICTIMS ACT LAWSUIT (SECOND DEPT).
LEAVE TO FILE A LATE NOTICE OF CLAIM AGAINST THE SCHOOL DISTRICT IN THIS STUDENT BULLYING AND HARASSMENT ACTION WAS PROPERLY GRANTED, CRITERIA EXPLAINED (SECOND DEPT).
IN THIS SLIP AND FALL CASE AGAINST NYC, AT THE SUMMARY JUDGMENT STAGE, ONCE THE CITY DEMONSTRATED IT DID NOT HAVE WRITTEN NOTICE OF THE CONDITION WHICH CAUSED THE FALL, THE PLAINTIFF MUST COME FOWARD WITH EVIDENCE AN EXCEPTION TO THE WRITTEN-NOTICE REQUIREMENT APPLIES, EVEN IF, AS HERE, THE COMPLAINT ALLEGES NO EXCEPTION APPLIES; CASE LAW TO THE CONTRARY SHOULD NO LONGER BE FOLLOWED (SECOND DEPT).
ALTHOUGH DEFENDANT NEVER ANSWERED THE COMPLAINT, HE APPEARED BY MAKING A MOTION TO DISMISS AND PARTICIPATED IN THE LITIGATION, THEREFORE DEFENDANT’S MOTION TO VACATE THE DEFAULT SHOULD HAVE BEEN GRANTED; DISMISSAL OF THE ACTION FOR FAILURE TO INCLUDE A NECESSARY PARTY OR THE FAILURE TO JOIN OR SUBSTITUTE A PARTY WAS NOT WARRANTED (SECOND DEPT).
Plaintiff Should Have Been Allowed to Amend Complaint to Allege City Had Notice of Sidewalk Defect
Defendant Driver Could Not Avoid Striking Bicyclist Who Did Not Stop at a Stop Sign
Petition to Commence Action Against the Motor Vehicle Accident Indemnification Corporation (MVAIC) Should Not Have Been Denied In the Absence of a Hearing
THE FACT THAT THE DOG WAS A GUARD DOG AND THE NATURE OF THE ATTACK AND INJURIES RAISED A QUESTION OF FACT ABOUT DEFENDANTS’ KNOWLEDGE OF THEIR DOG’S VICIOUS PROPENSITIES IN THIS DOG BITE CASE (SECOND DEPT)

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Trustees Were Not Required by Town Law to Turn Over to the Town Board Trust... Slip and Fall on a Sloped, Grassy Area Not Actionable