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What is the new york state statute of limitations on adverse possession?
Wiki User
∙ 11y ago
To make a claim of adverse possession, the claimant must occupy the property against the rights of the owner, but not hide the fact that he is occupying the property.
The claimant must occupy the property continuously past the statute of limitations. If he is removed and then reoccupies, the clock on the statute resets. Also, the time cannot be passed (or 'tacked') on to another claimant.
Requirements in NY:
1) the possessor must have actually entered the property and must have exclusive possession of the property;
2) the possession must be "open and notorious";
3) the possession must be adverse to the rightful owner and under a claim of right; and
4) the possession must be "continuous" for the statutory period of ten years.
Wiki User
∙ 10y ago
Wiki User
∙ 11y ago10 years
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