New York
How Aldrich v. Hilo applies in New York: state-specific rules, key cases, and bar exam notes for Property.
New York law follows the principles of property rights and adverse possession closely related to the exclusive and continuous use of the property. The state places a strong emphasis on actual possession, open and notorious use, and a claim of right that is hostile to the titleholder’s interests.
Under New York law, a party may claim ownership of property through adverse possession if they demonstrate continuous, exclusive, actual, open and notorious possession of the property for a statutory period of ten years.
The court reaffirmed that exclusive and continuous possession is necessary to establish a claim of adverse possession, emphasizing the need for possession to be visible and notorious.
This case established that possession must be adverse and under claim of right to succeed under adverse possession claims.
The court recognized the conditions for establishing an easement of necessity, underscoring that such rights relate to property use and access issues.
New York's approach to adverse possession aligns with the federal standard in that both require exclusive, continuous, and open possession. However, New York has a longer statutory period of ten years compared to some jurisdictions that may require a shorter duration.
Adverse possession is a frequent topic on the New York bar exam, often requiring candidates to analyze scenarios involving facts that support or negate claims of possession.