Legal Opinion
Groman v. Botar
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 1996PublishedCited by 5 opinions
1Opinion of the Court
A party seeking to obtain title by adverse possession on a claim not based upon a written instrument must produce evidence that the subject premises was either "usually cultivated *413or improved” or "protected by a substantial inclosure” (RPAPL 522 [1], [2]), consistent with the property’s character, location, condition and potential uses (see, Morris v DeSantis, 178 AD2d 515; Birnbaum v Brody, 156 AD2d 408). In addition, the party must establish, by clear and convincing evidence, the common-law requirements that the possession of the parcel was hostile, under a claim of right, actual, open,…
2Cases cited5 opinions
- Brand v. PrinceNew York Court of Appeals · 1974
- Birnbaum v. BrodyAppellate Division of the Supreme Court of the State of New York · 1989
- 2239 Hylan Boulevard Corp. v. SaccheriAppellate Division of the Supreme Court of the State of New York · 1992
- Morris v. DeSantisAppellate Division of the Supreme Court of the State of New York · 1991
- Hoopeston Canning Co. v. PinkNew York Court of Appeals · 1942
3Cited by5 opinions
- Grace v. KochOhio Supreme Court · 1998
- DeRosa v. DeRosaAppellate Division of the Supreme Court of the State of New York · 2009
- Gaglioti v. SchneiderAppellate Division of the Supreme Court of the State of New York · 2000
- Grace v. KochOhio Supreme Court · 1998
- Midgley v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2016