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Property Law CUNY Fall 2022
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Adverse Possession Not Under Written Instrument

Rebecca Bratspies

Real Property Law Section 521

 Where there has been an actual continued occupation of premises under a claim of right, exclusive of any other right, but not founded upon a written instrument or a judgment or decree, the premises so actually occupied, and no others, are deemed to have been held adversely.

 

Section 522. Essentials of adverse possession not under written instrument or judgment

For the purpose of constituting an adverse possession not founded upon a written instrument or a judgment or decree, land is deemed to have been possessed and occupied in either of the following cases, and no others:

 1. Where there have been acts sufficiently open to put a reasonably diligent owner on notice.

 2. Where it has been protected by a substantial enclosure . . .

 

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