Legal Opinion
Myers v. Bartholomew
New York Court of Appeals
Decided May 5, 1998PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Must a tenant-in-common in exclusive possession (who has not ousted the nonpossessory cotenant), under RPAPL 541, possess for 10 years, or for 20 years, before acquiring full title by adverse possession? Describing RPAPL 541 as an “unclear statute” and a “perennial mind-buster,” the Practice Commentaries speculate that perhaps one day the Court of Appeals will answer this long-standing question (Meehan, Practice Commentaries, McKinney’s Cons Laws of NY, Book 49½, RPAPL 541, 1998 Cum Ann Pocket Part, at 37). That day has come: 20 years.
I
In 1959, Aston…
2Cases cited13 opinions
- Culver v. . RhodesNew York Court of Appeals · 1882
- Florence v. . HopkinsNew York Court of Appeals · 1871
- Pravato v. M.E.F. Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Perez v. PerezAppellate Division of the Supreme Court of the State of New York · 1996
- Porter v. MarxAppellate Division of the Supreme Court of the State of New York · 1992
8 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Butler v. RaffertyNew York Court of Appeals · 2003
- Bank of America, N.A. v. 414 Midland Avenue Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GlandaAppellate Division of the Supreme Court of the State of New York · 2004
- Trotta v. OllivierAppellate Division of the Supreme Court of the State of New York · 2011
31 more not listed; retrieve them via the Exa API.