Adverse possession, how affected by relation of tenants in common

New YorkStatutes

Ask Donna

How this section applies to your facts.

New York Code › Act RPA › Article 5 › Section 541

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

§ 541. Adverse possession, how affected by relation of tenants in\ncommon. Where the relation of tenants in common has existed, the\noccupancy of one tenant, personally or by his servant or by his tenant,\nis deemed to have been the possession of the other, notwithstanding that\nthe tenant so occupying the premises has acquired another title or has\nclaimed to hold adversely to the other. But this presumption shall cease\nafter the expiration of ten years of continuous exclusive occupancy by\nsuch tenant, personally or by his servant or by his tenant, or\nimmediately upon an ouster by one tenant of the other and such occupying\ntenant may then commence to hold adversely to his cotenant.\n

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Adverse possession, how affected by relation of tenants in common · N.Y. RPA Law § 541 | Frix