Mr. Zajac's Possession Of The Property

A court most likely will determine that Mr. Zajac continues possession of the property, thus, he gains ownership of the property by means of adverse possession. Z started his possession in 1998 when he began the clearing of the field that he assumed abandon after he inquired with the neighbors, during his off-season and extended throughout the construction (2003) and maintenance of the Ice rink until 2013.

An individual will gain ownership of a property by way of adverse possession if he or she fulfills the requirements established in the police force, according to the statute and they are 1. Exclusive, 2. Actual, 3. Notorious and open, 4. Hostile, 5. Continuous and, 6. Claim of right, N.Y. Real Property Actions and Proceeding Law, Chapter 81, of the consolidated law, Article 5. Adverse Possession §501 (McKinney, 2008). The

The continuity element has been satisfied not only by a physical occupancy of the property but also, by undertaking the actions that a proprietor of a similar real state will regularly undertake. Rose Ray leased a cottage in the resort community in 1931; she renewed the lease in 1952 for another 25 years, but with the option of the lessor to claim the land before the prescription of the period. In 1960, the Lessor executed his right to request the land back. Ray died in1962. In 1963, the property was sold to Beacon, who does not develop the land and most of the cottages and structures collapsed. In the same year 1963, Ray’s son and his family started to go to the cottage once a year for a month for the next twenty-five years. They kept the property while all year round, installed telephone lines, kept vandals away from the property by putting no trespassing signs, moreover, sometimes capture the vandals, paid the property taxes, and register themselves as residents of the cottage for election registrar purposes. All of these actions are the ones that an owner of a property will regularly take