NY State — NY Real Property Actions & Proceedings Law

§ 541 — SECTION 541 Adverse possession, how affected by relation of tenants in common

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

What is NY RPAPL § 541?

Quick Answer

This section addresses how the occupancy of one tenant in common is considered possession for other tenants, even if the occupying tenant claims a different title. The presumption of shared possession ends after ten years of exclusive occupancy or upon ouster. Applies to tenants in common regarding adverse possession claims.

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

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

RPAPL § 541

Where the relation of tenants in common has existed, 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.

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