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NEW YORK STATE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW
(RPAPL)

ARTICLE 5

ADVERSE POSSESSION

Section   501.      Action after entry.

          511.      Adverse possession under written instrument
                    or judgment.

          512.      Essentials of adverse possession under
                    written instrument or judgment.

          521.      Adverse possession under claim of title not
                    written.

          522.      Essentials of adverse possession under claim
                    of title not written.

          531.      Adverse possession, how affected by relation
                    of landlord and tenant.

          541.      Adverse possession, how affected by relation
                    of tenants in common.

          551.      Right of person to possession not affected by
                    descent cast.

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Sec. 501. ACTION AFTER ENTRY.

An entry upon real property is not sufficient or valid as a claim
unless an action is commenced thereupon within one year after the
making thereof and within ten years after the time when the right
to make it descended or accrued.


Sec. 511. ADVERSE POSSESSION UNDER WRITTEN INSTRUMENT OR
          JUDGMENT.

Where the occupant or those under whom he claims entered into the
possession of the premises under claim of title, exclusive of any
other right, founding the claim upon a written instrument, as
being a conveyance of the premises in question, or upon the
decree or judgment of a competent court, and there has been a
continued occupation and possession of the premises included in
the instrument, decree or judgment, or of some part thereof, for
ten years, under the same claim, the premises so included are
deemed to have been held adversely; except that when they consist
of a tract divided into lots, the possession of one lot is not
deemed a possession of any other lot.


Sec. 512. ESSENTIALS OF ADVERSE POSSESSION UNDER WRITTEN
          INSTRUMENT OR JUDGMENT.

For the purpose of constituting an adverse possession by a person
claiming a title 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:

1.   Where it has been usually cultivated or improved.

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

3.   Where, although not inclosed, it has been used for the
     supply of fuel or of fencing timber, either for the purposes
     of husbandry or for the ordinary use of the occupant.

Where a known farm or a single lot has been partly improved, the
portion of the farm or lot that has been left not cleared or not
inclosed, according to the usual course and custom of the
adjoining country, is deemed to have been occupied for the same
length of time as the part improved and cultivated.


Sec. 521. ADVERSE POSSESSION UNDER CLAIM OF TITLE NOT WRITTEN.

Where there has been an actual continued occupation of premises
under a claim of title, 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.


Sec. 522. ESSENTIALS OF ADVERSE POSSESSION UNDER CLAIM OF TITLE
          NOT WRITTEN.

For the purpose of constituting an adverse possession by a person
claiming title 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 it has been usually cultivated or improved.

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


Sec. 531. ADVERSE POSSESSION, HOW AFFECTED BY RELATION OF
          LANDLORD AND TENANT.

Where the relation of landlord and tenant has existed between any
persons the possession of the tenant is deemed the possession of
the landlord until the expiration of ten years after the
termination of the tenancy; or, where there has been no written
lease, until the expiration of ten years after the last payment
of rent; notwithstanding that the tenant has acquired another
title or has claimed to hold adversely to his landlord. But this
presumption shall cease after the periods prescribed in this
section and such tenant may then commence to hold adversely to
his landlord.


Sec. 541. ADVERSE POSSESSION, HOW AFFECTED BY RELATION OF TENANTS
          IN COMMON.

Where the relation of tenants in common has existed between any
persons, the occupancy of one tenant, personally or by his
servant or by his tenant, is deemed to have been the possession
of the other, notwithstanding that the tenant so occupying the
premises has acquired another title or has claimed to hold
adversely to the other. But this presumption shall cease after
the expiration of ten years of continuous exclusive occupancy by
such tenant, personally or by his servant or by his tenant, or
immediately upon an ouster by one tenant of the other and such
occupying tenant may then commence to hold adversely to his
cotenant.


Sec. 551. RIGHT OF PERSON TO POSSESSION NOT AFFECTED BY DESCENT
          CAST.

The right of a person to the possession of real property is not
impaired or affected by a descent being cast in consequence of
the death of a person in possession of the property.




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