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Current as of January 01, 2024 | Updated by FindLaw Staff
For the purpose of constituting an adverse possession, founded upon a written instrument or a judgment or decree, land is deemed to have been possessed and occupied in any of the following cases:
1. Where there has been acts sufficiently open to put a reasonably diligent owner on notice.
2. Where it has been protected by a substantial enclosure, except as provided in subdivision one of section five hundred forty-three of this article.
3. Where, although not enclosed, 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 enclosed, 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.
Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Actions and Proceedings Law - RPA § 512. Essentials of adverse possession under written instrument or judgment - last updated January 01, 2024 | https://codes.findlaw.com/ny/real-property-actions-and-proceedings-law/rpa-sect-512/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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