BERRY v. SOUTHARD


15 A.D.3d 516 (2005)

789 N.Y.S.2d 732

WILLIAM BERRY et al., Appellants, v. DAVID SOUTHARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 22, 2005.


Ordered that the order is affirmed, without costs or disbursements.

A party seeking to obtain title by adverse possession on a claim not based upon a written instrument must produce evidence that the subject premises were either "usually cultivated or improved" or "protected by a substantial inclosure" (RPAPL 522 [1], [2]). That party must also establish, by clear and convincing evidence, the common-law requirements of hostile possession, under a claim of right, which...

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