NY State — NY Real Property Actions & Proceedings Law

§ 512 — SECTION 512 Essentials of adverse possession under written instrument or judgment

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 512?

Quick Answer

This section outlines the essentials for establishing adverse possession based on a written instrument or judgment. It specifies conditions such as open acts that notify a diligent owner, protection by substantial enclosure, and usage for fuel or fencing timber. Applies to property owners involved in disputes over land possession.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 512 SECTION 512 Essentials of adverse possession under written instrument or judgment

RPAPL § 512

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.

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