Myers v. Bartholomew

In Myers v. Bartholomew, 91 N.Y.2d 630 (1998), the Court of Appeals held that this section provides a measure of extra protection to tenants-in-common from adverse possession claims asserted by their co-tenants. Specifically, the Court interpreted RPAPL 541 to provide that a non-ousting tenant-in-common must exclusively occupy the property for a 10-year period prior to commencement of the running of the 10-year Statute of Limitations codified in CPLR 212(a). The Court rejected the view that the Statute of Limitations could run concurrently with the presumption provided by RPAPL 541, and that title could result after only ten years of possession. (Id. at 638.) Thus, in practical terms, a co-tenant must "adversely possess" for 20 years before acquiring adverse possession against a co-tenant who quits, as opposed to one who is ousted. (Id.) The Court of Appeals interpreted this section to provide that a non-ousting tenant-in-common must exclusively occupy property for a 10-year period prior to commencement of the running of the 10-year Statute of Limitations codified in CPLR 212(a). In practical terms, a co-tenant must "adversely possess" for 20 years before acquiring adverse possession against a co-tenant who quits, as opposed to one who is ousted. (Id. at 638.)