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New York Real Property Actions and Proceedings Law Section 541 - Adverse Possession, How Affected By Relation Of Tenants In Common.

Legal Research Home > New York Lawyer > Real Property Actions and Proceedings > New York Real Property Actions and Proceedings Law Section 541 - Adverse Possession, How Affected By Relation Of Tenants In Common.

    § 541.  Adverse  possession,  how  affected by relation of tenants in
  common.  Where the relation of tenants in common has existed between any
  persons, 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.

Last modified: August 9, 2006