Statutes and regulations

Adverse possession; defined

N.Y. RPA Law § 501 · New York · Statutes

Act RPA › Article 5 › Section 501

Adverse possession; defined. For the purposes of this article:\n 1. Adverse possessor. … A claim of right means a reasonable basis for the\nbelief that the property belongs to the adverse possessor or property\nowner, as the case may be.

Adverse possession under written instrument or judgment

N.Y. RPA Law § 511 · New York · Statutes

Act RPA › Article 5 › Section 511

Adverse possession under written instrument or judgment. … ; except\nthat when they consist of a tract divided into lots, the possession of\none lot is not deemed a possession of any other lot.

Notice of action adverse to possession of tenant

N.Y. RPP Law § 225 · New York · Statutes

Act RPP › Article 7 › Section 225

Notice of action adverse to possession of tenant. … Where a\nprocess or summons in an action to recover the real property occupied by\nhim, or the possession thereof, is served upon a tenant, he must\nforthwith give notice thereof to his landlord; otherwise

Adverse possession not under written instrument or judgment

N.Y. RPA Law § 521 · New York · Statutes

Act RPA › Article 5 › Section 521

Adverse possession not under written instrument or judgment. … under a\nclaim of right, exclusive of any other right, but not founded upon a\nwritten instrument or a judgment or decree, the premises so actually\noccupied, and no others, are deemed to have been held adversely

Essentials of adverse possession under written instrument or judgment

N.Y. RPA Law § 512 · New York · Statutes

Act RPA › Article 5 › Section 512

Essentials of adverse possession under written instrument or\njudgment. … For the purpose of constituting an adverse possession, founded\nupon a written instrument or a judgment or decree, land is deemed to\nhave been possessed and occupied in any of the following cases:\n

Registered property not affected by prescription or adverse possession

N.Y. RPP Law § 401 · New York · Statutes

Act RPP › Article 12 › Section 401

Registered property not affected by prescription or adverse\npossession. … No title to registered real property, in derogation of that\nof the registered owner, shall be acquired by prescription or adverse\npossession.\n

Adverse possession, how affected by relation of landlord and tenant

N.Y. RPA Law § 531 · New York · Statutes

Act RPA › Article 5 › Section 531

Adverse possession, how affected by relation of landlord and\ntenant. … Where the relation of landlord and tenant has existed, the\npossession of the tenant is deemed the possession of the landlord until\nthe expiration of ten years after the termination of the tenancy; or

Adverse possession; how affected by acts across a boundary line

N.Y. RPA Law § 543 · New York · Statutes

Act RPA › Article 5 › Section 543

Adverse possession; how affected by acts across a boundary\nline. 1. … the\nexistence of de minimus non-structural encroachments including, but not\nlimited to, fences, hedges, shrubbery, plantings, sheds and\nnon-structural walls, shall be deemed to be permissive and non-adverse

Essentials of adverse possession not under written instrument or judgment

N.Y. RPA Law § 522 · New York · Statutes

Act RPA › Article 5 › Section 522

Essentials of adverse possession not under written instrument\nor judgment. … For the purpose of constituting an adverse possession not\nfounded upon a written instrument or a judgment or decree, land is\ndeemed to have been possessed and occupied in either of the following\ncases

Adverse possession, how affected by relation of tenants in common

N.Y. RPA Law § 541 · New York · Statutes

Act RPA › Article 5 › Section 541

Adverse possession, how affected by relation of tenants in\ncommon. … \nthe tenant so occupying the premises has acquired another title or has\nclaimed to hold adversely to the other.

Action by grantee of lands held adversely

N.Y. RPA Law § 623 · New York · Statutes

Act RPA › Article 6 › Section 623

Action by grantee of lands held adversely. … claiming under a title adverse to\nthat of the grantor.

Presumption of possession from legal title

N.Y. RPA Law § 311 · New York · Statutes

Act RPA › Article 3 › Section 311

Presumption of possession from legal title. … and the occupation of\nthe premises by another person is deemed to have been under and in\nsubordination to the legal title unless the premises have been held and\npossessed adversely to the legal title

Defendants

N.Y. RPA Law § 631 · New York · Statutes

Act RPA › Article 6 › Section 631

Where the complaint demands judgment for the\nimmediate possession of the property, if the property is actually\noccupied, the occupant shall be made defendant in the action. … Any\nperson claiming title to, or the right to the possession of, the real\nproperty sought to be recovered, as landlord, remainderman, reversioner,\nor otherwise adversely to the plaintiff, may be joined

Lands adversely held may be conveyed or mortgaged

N.Y. RPP Law § 260 · New York · Statutes

Act RPP › Article 8 › Section 260

Lands adversely held may be conveyed or mortgaged. … No grant,\nconveyance or mortgage of real property or interest therein shall be\nvoid for the reason that at the time of the delivery thereof such real\nproperty is in the actual possession of a person

Hearing

N.Y. CVP Law § 409 · New York · Statutes

Act CVP › Article 4 › Section 409

The\npetitioner shall furnish all other papers not already in the possession\nof the court necessary to the consideration of the questions involved. … \nWhere such papers are in the possession of an adverse party, they shall\nbe produced by such party at the hearing on notice served with the\npetition.

Proceedings to determine adverse claims

N.Y. CVP Law § 6221 · New York · Statutes

Act CVP › Article 62 › Section 6221

Proceedings to determine adverse claims. … Where there appear to be disputed questions of fact,\nthe court shall order a separate trial, indicating the person who shall\nhave possession of the property pending a decision and the undertaking,\nif

Conflicting Claims; Interpleader

N.Y. UCC Law § 7-603 · New York · Statutes

Act UCC › Article 7 › Part 6 › Section 7-603

\n If more than one person claims title to or possession of the goods,\nthe bailee is excused from delivery until the bailee has a reasonable\ntime to ascertain the validity of the adverse claims or to

Removal of buildings on lands sold

N.Y. SCT Law § 69 · New York · Statutes

Act SCT › Article 2 › Section 69

Any person who under such\ndeed may enter into possession of such real estate and erect or place\nany building, building materials, or other property thereon, shall have\nthe right in case he shall be … ousted by any person claiming adversely to\nsaid deed, within three months after trial, judgment or ouster or\nrejectment, to remove said building, building materials or property from\nsaid real estate

Genetic testing written informed consent

N.Y. ISC Law § 2615 · New York · Statutes

Act ISC › Article 26 › Section 2615

Unauthorized\nsolicitation or possession of such information shall be unlawful, except\nfor the unintentional possession of such information as part of a health\nrecord created prior to the date on which … this section shall have become\na law and provided no action adverse to the interests of the subject are\ntaken as a result of such possession.

Proceeding to determine adverse claims

N.Y. CVP Law § 5239 · New York · Statutes

Act CVP › Article 52 › Section 5239

Proceeding to determine adverse claims. … Where there appear to be disputed questions of fact,\nthe court shall order a separate trial, indicating the person who shall\nhave possession of the property pending a decision and the undertaking,\nif