# N.Y. RPA Law § 541: Adverse possession, how affected by relation of tenants in common

> New York · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPA_A5_S541

## Section

- **Citation:** N.Y. RPA Law § 541
- **Heading:** Adverse possession, how affected by relation of tenants in common
- **Jurisdiction:** New York
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** New York Code / Act RPA / Article 5 / Section 541

## 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

## Nearby sections

- [N.Y. RPA Law § 501 Adverse possession; defined](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPA_A5_S501.md)
- [N.Y. RPA Law § 511 Adverse possession under written instrument or judgment](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPA_A5_S511.md)
- [N.Y. RPA Law § 512 Essentials of adverse possession under written instrument or judgment](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPA_A5_S512.md)
- [N.Y. RPA Law § 521 Adverse possession not under written instrument or judgment](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPA_A5_S521.md)
- [N.Y. RPA Law § 522 Essentials of adverse possession not under written instrument or judgment](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPA_A5_S522.md)
- [N.Y. RPA Law § 531 Adverse possession, how affected by relation of landlord and tenant](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPA_A5_S531.md)
- [N.Y. RPA Law § 541 Adverse possession, how affected by relation of tenants in common](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPA_A5_S541.md)
- [N.Y. RPA Law § 543 Adverse possession; how affected by acts across a boundary line](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPA_A5_S543.md)
- [N.Y. RPA Law § 551 Right of person to possession not affected by descent cast](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPA_A5_S551.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPA_A5_S541. Check the current official text before relying on it. Not legal advice.