Brand v. Prince, 324 N.E.2d 314 (NY 1974). · Go Syfert
Brand v. Prince, 324 N.E.2d 314 (NY 1974). Cases Citing This Book View Copy Cite
172 citation events (97 in the last 25 years) across 11 distinct courts.
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Genesee County Fish & Game Protective Assn., Inc. v. Sullivan
N.Y. App. Div. · 2025 · confidence medium
"Reduced to its essentials, this means nothing more than that there must be possession in fact of a type that would give the owner a cause of action in ejectment against the occupier throughout the prescriptive period" ( Brand v Prince , 35 NY2d 634, 636 [1974]; see Becker , 19 NY3d at 81 ).
discussed Cited as authority (rule) Gordon v. Rich
N.Y. App. Div. · 2025 · confidence medium
The reservation of the life estate granting defendant's father exclusive possession of the disputed area manifested for the first time a right hostile to plaintiff, providing her with a cause of action in ejectment ( see RPAPL 631; Brand v Prince , 35 NY2d 634, 636 [1974]; Rundberg v Rundberg , 140 AD3d at 1462 ).
discussed Cited as authority (rule) Rock Star Enters., LLC v. Village of Sylvan Beach (2×)
N.Y. App. Div. · 2025 · confidence medium
Essentially, those elements mean "nothing more than that there must be possession in fact of a type that would give the owner a cause of action in ejectment against the occupier throughout the prescriptive period" ( Brand v Prince , 35 NY2d 634, 636 [1974]).
discussed Cited as authority (rule) Bahor v. Tavares
N.Y. Sup. Ct., Westchester Cty. · 2024 · confidence medium
Additionally, [*4]where, as here, the claim of right is not founded upon a written instrument or a judgment or decree, the plaintiff was also required to demonstrate that the disputed area was "'usually cultivated or improved' or 'protected by a substantial inclosure'" ( Estate of Becker v Murtagh , 19 NY3d 75, 81 [2012], quoting RPAPL former 522; see Bursky v Gerratano , 184 AD3d 796, 797-798 [2d Dept. 2020]; Warren v Carreras , 133 AD3d at 594 ). "'Reduced to its essentials, this means nothing more than that there must be a possession in fact of a type that would give the owner a cause of ac…
discussed Cited as authority (rule) Bahor v. Tavares
N.Y. Sup. Ct., Westchester Cty. · 2024 · confidence medium
Additionally, [*4]where, as here, the claim of right is not founded upon a written instrument or a judgment or decree, the plaintiff was also required to demonstrate that the disputed area was "'usually cultivated or improved' or 'protected by a substantial inclosure'" ( Estate of Becker v Murtagh , 19 NY3d 75, 81 [2012], quoting RPAPL former 522; see Bursky v Gerratano , 184 AD3d 796, 797-798 [2d Dept. 2020]; Warren v Carreras , 133 AD3d at 594 ). "'Reduced to its essentials, this means nothing more than that there must be a possession in fact of a type that would give the owner a cause of ac…
discussed Cited as authority (rule) Hamil v. Casadei
N.Y. App. Div. · 2023 · confidence medium
Corp. v Getty Saugerties Corp. , 68 AD3d 1392, 1394 [3d Dept 2009], lv denied 14 NY3d 706 [2010]), and then transferred to plaintiffs when they purchased their properties ( see generally Brand v Prince , 35 NY2d 634, 636-640 [1974]; Connell v Ellison , 86 AD2d 943, 944 [3d Dept 1982], affd 58 NY2d 869 [1983]).
discussed Cited as authority (rule) Ullmark v. The Cobourn Corp.
N.Y. App. Div. · 2023 · confidence medium
Although plaintiffs' claim for adverse possession of the Lane is based on tacking the time of their alleged possession thereof onto an alleged period of adverse possession by the Vincents during the Vincents' prior ownership of the contiguous parcel ( see generally Brand v Prince , 35 NY2d 634, 637 [1974]), plaintiffs were never required to prove their entitlement to title by adverse possession due to Cobourn's default.
cited Cited as authority (rule) Meyers v. Berl
N.Y. App. Div. · 2023 · confidence medium
Both parts require that the possession be truly adverse to the rights of the party holding record title" ( id. , citing Brand v Prince , 35 NY2d 634, 636 [1974]).
discussed Cited as authority (rule) CJA Realty Holdings, LP v. 14 Phila St. LLC
N.Y. App. Div. · 2022 · confidence medium
Contrary to Supreme Court's conclusion, evidence of the fence's continued existence and the ongoing use of the outdoor seating and dining area demonstrates that, although 14 Phila Street was transferred to another of defendants' predecessors in interest in 2008, the successive periods of adverse possession between the property's prior owners could be tacked to reach the prescriptive 10-year period ( see generally Brand v Prince , 35 NY2d 634, 637 [1974]; compare Kopp v Rhino Room, Inc. , 192 AD3d 1690, 1691 [2021]).
discussed Cited as authority (rule) Kopp v. Rhino Room, Inc.
N.Y. App. Div. · 2021 · confidence medium
"For tacking to apply, a party must show that the party's predecessor 'intended to and actually turned over possession of the undescribed [*2]part with the portion of the land included in the deed' " ( id. , quoting Brand v Prince , 35 NY2d 634, 637 [1974]; see Avraham v Lakeshore Yacht & Country Club , 278 AD2d 842, 842-843 [4th Dept 2000]).
discussed Cited as authority (rule) Herrmann v. Bank of Am., N.A. (2×)
N.Y. App. Div. · 2019 · confidence medium
Corp. , 88 NY2d 154, 159 [1996]). "'Reduced to its essentials, this means nothing more than that there must be possession in fact of a type that would give the [purchaser] a cause of action in ejectment against the occupier throughout the prescriptive period'" ( Ray v Beacon Hudson Mountain Corp. , 88 NY2d at 159 , quoting Brand v Prince , 35 NY2d 634, 636 [1974]).
discussed Cited as authority (rule) Children's Magical Garden, Inc. v. Norfolk St. Dev., LLC
N.Y. App. Div. · 2018 · confidence medium
Indeed, "[r]educed to its essentials, [the elements of adverse possession] mean[] nothing more than that there must be possession in fact of a type that would give the owner a cause of action in ejectment against the occupier throughout the prescriptive period" ( Brand v Prince , 35 NY2d 634, 636 [1974]).
discussed Cited as authority (rule) Children's Magical Garden, Inc. v. Norfolk St. Dev., LLC
N.Y. App. Div. · 2018 · confidence medium
Indeed, "[r]educed to its essentials, [the elements of adverse possession] mean[] nothing more than that there must be possession in fact of a type that would give the owner a cause of action in ejectment against the occupier throughout the prescriptive period" ( Brand v Prince , 35 NY2d 634, 636 [1974]).
discussed Cited as authority (rule) Thomas v. Slaton
N.Y. App. Div. · 2018 · confidence medium
Triable issues of fact exist as to whether plaintiffs' possession of the subject property was hostile and exclusive for the statutory period of 10 years ( see generally Brand v Prince , 35 NY2d 634, 636 [1974]).
discussed Cited as authority (rule) Slacer v. Kearney
N.Y. App. Div. · 2017 · confidence medium
“The character of the possession must be such ‘that [it] would give the owner a cause of action in ejectment against the occupier’ ” (Estate of Becker v Murtagh, 19 NY3d 75, 81 [2012], quoting Brand v Prince, 35 NY2d 634, 636 [1974]).
discussed Cited as authority (rule) Diaz v. Mai Jin Yang
N.Y. App. Div. · 2017 · confidence medium
In order for tacking to be applicable, a party must show that the party’s predecessor “intended to and actually turned over possession of the undescribed part with the portion of the land included in the deed” (Brand v Prince, 35 NY2d 634, 637 [1974]).
discussed Cited as authority (rule) Reyes v. Carroll
N.Y. App. Div. · 2016 · confidence medium
In opposition, the plaintiffs failed to raise a triable issue of fact, since they had not possessed the disputed property for 10 years when the statute was enacted and they cannot tack on the alleged adverse possession by their predecessor-in-title, since they offered no evidence that he “intended to and actually turned over possession of the undescribed part with the portion of the land included in the deed” (Brand v Prince, 35 NY2d 634, 637 [1974]; see Stroem v Plackis, 96 AD3d 1040, 1043 [2012]; Ram v Dann, 84 AD3d 1204, 1206 [2011]).
discussed Cited as authority (rule) Birch Tree Partners, LLC v. Windsor Digital Studio, LLC
N.Y. App. Div. · 2015 · confidence medium
Moreover, where, as here, the possessor has possessed the disputed property for less than the statutory 10-year period, “successive adverse possessions of property omitted from a deed description, especially contiguous property, may be tacked if it appears that the adverse possessor intended to and actually turned over possession of the undescribed part with the portion of the land included in the deed” (Brand v Prince, 35 NY2d 634, 637 [1974]; see Ram v Dann, 84 AD3d at 1205 ). *933 The defendants established their prima facie entitlement to judgment as a matter of law by showing that the…
discussed Cited as authority (rule) Munroe v. Cheyenne Realty, LLC (2×) also: Cited "see"
N.Y. App. Div. · 2015 · confidence medium
For tacking to apply, a party must show that the party’s predecessor “intended to and actually turned over possession of the undescribed part with the portion of the land included in the deed” (Brand v Prince, 35 NY2d 634, 637 [1974]).
discussed Cited as authority (rule) Pritsiolas v. Apple Bankcorp, Inc.
N.Y. App. Div. · 2014 · confidence medium
Contrary to the determination of the Supreme Court, under the circumstances presented here, the plaintiffs are entitled to tack any period of adverse possession enjoyed by their predecessor in title onto their own period of adverse possession (see Brand v Prince, 35 NY2d 634, 637 [1974]; Stroem v Plackis, 96 AD3d 1040, 1042 [2012]).
examined Cited as authority (rule) Stroem v. Plackis (3×) also: Cited "see"
N.Y. App. Div. · 2012 · confidence medium
“Actual possession adverse to the true owner for the statutory period is required before title will vest” by adverse possession (Brand v Prince, 35 NY2d 634, 636 [1974]; see Estate of Becker v Murtagh, 19 NY3d 75 [2012]; see Hogan v Kelly, 86 AD3d 590, 591 [2011]). “[T]here must be possession in fact of a type that would give the owner a cause of action in ejectment against the occupier throughout the prescriptive period” (Brand v Prince, 35 NY2d at 636 ; see Estate of Becker v Murtagh, 19 NY3d 75 [2012]; Ram v Dann, 84 AD3d 1204, 1206 [2011]).
discussed Cited as authority (rule) CSC Acquisition-NY, Inc. v. 404 County Road 39A, Inc.
N.Y. App. Div. · 2012 · confidence medium
Contrary to the defendant’s contention, it failed to establish, by clear and convincing evidence, that the prescriptive period could be satisfied by “tack[ing]” on a period of adverse possession or use by its predecessor-in-interest (Brand v Prince, 35 NY2d 634, 637 [1974]).
discussed Cited as authority (rule) CSC Acquisition-NY, Inc. v. 404 County Road 39A, Inc.
N.Y. App. Div. · 2012 · confidence medium
Contrary to the defendant’s contention, it failed to establish, by clear and convincing evidence, that the prescriptive period could be satisfied by “tack[ing]” on a period of adverse possession or use by its predecessor-in-interest (Brand v Prince, 35 NY2d 634, 637 [1974]).
examined Cited as authority (rule) Stroem v. Plackis (3×) also: Cited "see"
N.Y. App. Div. · 2012 · confidence medium
“Actual possession adverse to the true owner for the statutory period is required before title will vest” by adverse possession (Brand v Prince, 35 NY2d 634, 636 [1974]; see Estate of Becker v Murtagh, 19 NY3d 75 [2012]; see Hogan v Kelly, 86 AD3d 590, 591 [2011]). “[T]here must be possession in fact of a type that would give the owner a cause of action in ejectment against the occupier throughout the prescriptive period” (Brand v Prince, 35 NY2d at 636 ; see Estate of Becker v Murtagh, 19 NY3d 75 [2012]; Ram v Dann, 84 AD3d 1204, 1206 [2011]).
cited Cited as authority (rule) Becker v. Murtagh
NY · 2012 · confidence medium
The character of the possession must be such “that [it] would give the owner a cause of action in ejectment against the occupier” (Brand v Prince, 35 NY2d 634, 636 [1974]).
discussed Cited as authority (rule) Kelly v. Bastianic
N.Y. App. Div. · 2012 · confidence medium
“A party seeking to obtain title by adverse possession must prove by clear and convincing evidence the following common-law requirements of adverse possession: that (1) the possession was hostile and under claim of right; (2) it was actual; (3) it was open and notorious; (4) it was exclusive; and (5) it was continuous for the statutory period of 10 years” (Skyview Motel, LLC v Wald, 82 AD3d 1081, 1082 [2011]; see BTJ Realty, Inc. v Caradonna, 65 AD3d 657, 658 [2009]; Goldschmidt v Ford St., LLC, 58 AD3d 803, 804 [2009]). “ ‘Reduced to its essentials, this means nothing more than that t…
cited Cited as authority (rule) McKeag v. Finley
N.Y. App. Div. · 2012 · confidence medium
Corp., 88 NY2d 154, 159 [1996], quoting Brand v Prince, 35 NY2d 634, 636 [1974]).
discussed Cited as authority (rule) Ram v. Dann (2×)
N.Y. App. Div. · 2011 · confidence medium
“A party seeking to obtain title by adverse possession must prove by clear and convincing evidence the following common-law requirements of adverse possession: that (1) the possession was hostile and under claim of right; (2) it was actual; (3) it was open and notorious; (4) it was exclusive; and (5) it was continuous for the statutory period of 10 years” (Skyview Motel, LLC v Wald, 82 AD3d 1081, 1082 [2011]; see BTJ Realty, Inc. v Caradonna, 65 AD3d 657, 658 [2009]; Goldschmidt v Ford St., LLC, 58 AD3d 803, 804 [2009]). “ ‘Reduced to its essentials, this means nothing more than that t…
cited Cited as authority (rule) McMahon v. Thornton
N.Y. App. Div. · 2010 · confidence medium
Corp., 88 NY2d 154, 159 [1996] [citation omitted], quoting Brand v Prince, 35 NY2d 634, 636 [1974]; see RPAPL 501).
discussed Cited as authority (rule) Hodges v. Beattie
N.Y. App. Div. · 2009 · confidence medium
Here, plaintiffs’ predecessors in interest averred that the driveway had occupied the same location for at least 18 years prior to the date this action was commenced and that they intended to take title to — and subsequently convey to plaintiffs — the driveway as now situated (see Brand v Prince, 35 NY2d 634, 637 [1974]).
cited Cited as authority (rule) Conklin-Penwell v. Riverhead Lodge, No. 2044, B.P.O. Elks
N.Y. App. Div. · 2009 · confidence medium
Corp., 88 NY2d 154, 159 [1996]; Brand v Prince, 35 NY2d 634, 636 [1974]; Oak Ponds v Willumsen, 295 AD2d 587 [2002]; MAG Assoc. v SDR Realty, 247 AD2d 516 [1998]).
discussed Cited as authority (rule) United Pickle Products Corp. v. Prayer Temple Community Church
N.Y. App. Div. · 2007 · confidence medium
The church concedes that plaintiffs’ possession was “without the permission of defendant.” Thus, plaintiffs have satisfied the statutory and common-law criteria for acquisition of title by adverse possession (see Brand v Prince, 35 NY2d 634, 636-637 [1974]).
cited Cited as authority (rule) Penn Heights Beach Club, Inc. v. Myers
N.Y. App. Div. · 2007 · confidence medium
Corp., 88 NY2d 154, 159 [1996], quoting Brand v Prince, 35 NY2d 634, 636 [1974] [citation omitted]; see Joseph v Whitcombe, 279 AD2d 122, 125-126 [2001]; see also RPAPL 501).
discussed Cited as authority (rule) Comrie, Inc. v. Holmes
N.Y. App. Div. · 2007 · confidence medium
Fundamentally, it was therefore necessary for plaintiff to tack its adverse possession to that of its predecessor (see Brand v Prince, 35 NY2d 634, 637 [1974]). * While plaintiff may have submitted sufficient proof to raise a question of fact on the issue of adverse possession during the time period in which it owned the property, it failed to do so concerning the preceding five-year period (see e.g.
cited Cited as authority (rule) Vollbrecht v. Jacobson
N.Y. App. Div. · 2007 · confidence medium
Corp., 88 NY2d 154, 159 [1996], quoting Brand v Prince, 35 NY2d 634, 636 [1974]).
discussed Cited as authority (rule) Reis v. Coron
N.Y. App. Div. · 2007 · confidence medium
In opposition, the defendant failed to raise a triable issue of fact since he possessed the disputed property for less than the statutory 10-year period and he cannot tack on the alleged adverse possessions by his predecessors in title since he offered no evidence that they “intended to and actually turned over possession of the undescribed part with the portion of the land included in the deed” (Brand v Prince, 35 NY2d 634, 637 [1974]; see Seisser v Eglin, 7 AD3d 505, 506 [2004]; Berman v Golden, 131 AD2d 416 [1987]; Avraham v Lakeshore Yacht & Country Club, 278 AD2d 842 [2000]; cf. Gjoka…
discussed Cited as authority (rule) Keena v. Hudmor Corp.
N.Y. App. Div. · 2007 · confidence medium
In order to prevail on a claim of title by adverse possession, the adverse possessor must demonstrate, by clear and convincing evidence, that the character of the possession is “hostile and under claim of right, actual, open and notorious, exclusive and continuous” for the statutory period of 10 years (Brand v Prince, 35 NY2d 634, 636 [1974]).
discussed Cited as authority (rule) Eddyville Corp. v. Relyea
N.Y. App. Div. · 2006 · confidence medium
With respect to the statutory time period, “successive adverse possessions of property omitted from a deed description, especially contiguous property, may be tacked if it appears that the adverse possessor intended to and actually turned over possession of the undescribed part with the portion of the land included in the deed” (Brand v Prince, 35 NY2d 634, 637 [1974]; see Slater v Ward, 92 AD2d 667 [1983]; Rasmussen v Sgritta, 33 AD2d 843, 843 [1969]).
discussed Cited as authority (rule) Hall v. Sinclaire
N.Y. App. Div. · 2006 · confidence medium
“Reduced to its essentials, this means nothing more than that there must be possession in fact of a type that would give the owner a cause of action in ejectment against the occupier throughout the prescriptive period” (Brand v Prince, 35 NY2d 634, 636 [1974]).
cited Cited as authority (rule) Robinson v. Robinson
N.Y. App. Div. · 2006 · confidence medium
Corp., 88 NY2d 154, 159 [1996] [citation omitted], quoting Brand v Prince, 35 NY2d 634, 636 [1974]; see RPAPL 501; Fatone v Vona, 287 AD2d 854, 856 [2001]).
discussed Cited as authority (rule) Glantzis v. Padilla
N.Y. App. Div. · 2006 · confidence medium
Corp., 88 NY2d 154, 159 [1996], quoting Brand v Prince, 35 NY2d 634, 636 [1974]; see Berry v Southard, 15 AD3d 516 [2005]; Gore v Cambareri, 303 AD2d 551 [2003]; Casini v Sea Gate Assn., 262 AD2d 593 [1999]).
discussed Cited as authority (rule) Koudellou v. Sakalis
N.Y. App. Div. · 2006 · confidence medium
The party seeking to extinguish the easement must establish, by clear and convincing evidence, the five elements of adverse possession: that the use of the easement has been (1) hostile and under a claim of right, (2) actual, (3) open and notorious, (4) exclusive, and (5) continuous for a period of 10 years (see RPAPL 501; Spiegel v Ferraro, supra at 625 ; Brand v Prince, 35 NY2d 634, 636 [1974]; MAG Assoc. v SDR Realty, 247 AD2d 516, 517 [1998]).
discussed Cited as authority (rule) Doyle v. Hafner
N.Y. Sup. Ct. · 2006 · confidence medium
Pertinent to Doyle’s second cause of action, it is well established that in the absence of a written instrument, a party may obtain title to a disputed area by adverse possession only by demonstrating by clear and convincing evidence that his possession was (1) hostile, (2) under claim of right, (3) actual, (4) open and notorious, (5) exclusive and (6) continuous for a period of 10 years (see RPAPL 521-523; Brand v Prince, 35 NY2d 634, 636 [1974]; Katz v Max Mgt.
discussed Cited as authority (rule) Walling v. Przybylo
N.Y. App. Div. · 2005 · confidence medium
Both parts require that the possession be truly adverse to the rights of the party holding record title (see Brand v Prince, 35 NY2d 634, 636 [1974] [“Reduced to its essentials, (claim of right) means nothing more than that there must be possession in fact of a type that would give the owner a cause of action in ejectment against the occupier throughout the prescriptive period”]; Van Valkenburgh v Lutz, supra at 99 [a claim of right or title means “in other words, hostile”]; Harrington v Estate of Crouse, supra at 779 [Under claim of right assures that the possession is “ ‘with an …
discussed Cited as authority (rule) Roland v. Ajamian
N.Y. App. Div. · 2005 · confidence medium
In addition, the plaintiffs must establish, by clear and convincing evidence, “[a]ctual possession adverse to the true owner” for a continuous period of 10 years (Brand v Prince, 35 NY2d 634, 636 [1974]; CPLR 212 [a]).
discussed Cited as authority (rule) Seisser v. Eglin
N.Y. App. Div. · 2004 · confidence medium
Corp., 88 NY2d 154, 159 [1996]; Brand v Prince, 35 NY2d 634, 636 [1974]; Oak Ponds v Willumsen, 295 AD2d 587 [2002]; MAG Assoc. v SDR Realty, 247 AD2d 516 [1998]; Oistacher v Rosenblatt, supra; Cohen v Krantz, 227 AD2d 581, 582 [1996]).
discussed Cited as authority (rule) BME Three Towers, Inc. v. 225 East Realty Corp.
N.Y. App. Div. · 2004 · confidence medium
Because the possessory title is entirely an incident of the adverse holder’s possession, transfer of that possession, even by parol, effects a transfer of the possessory interest” (Brand v Prince, 35 NY2d 634, 637 [1974] [citations omitted]).
discussed Cited as authority (rule) Avraham v. Lakeshore Yacht & Country Club, Inc.
N.Y. App. Div. · 2000 · confidence medium
Where, as here, defendant possesses record title of the disputed property, plaintiffs had to establish, inter alia, that their possession of the disputed property was “hostile and under claim of right” (Brand v Prince, 35 NY2d 634, 636; see, Ray v Beacon Hudson Mtn.
discussed Cited as authority (rule) Birkholz v. Wells
N.Y. App. Div. · 2000 · confidence medium
All that is required is a showing that the possession actually infringes upon the owner’s rights (see, id.), such as to give the owner .a cause of action in ejectment against the occupier throughout the requisite period (see, Brand v Prince, supra, at 636).
discussed Cited "see" Fairmont Tenants Corp. v. Braff
N.Y. App. Div. · 2018 · signal: see · confidence high
Accordingly, the court properly found that defendants' use of the roof space was not "exclusive" for any period of time prior to 2015 ( Keena v Hudmor Corp. , 37 AD3d 172, 173-174 [1st Dept 2007]; see Brand v Prince , 35 NY2d 634, 636 [1974]).
Retrieving the full opinion text from the archive…
Arthur R. Brand, III, as Trustee, at al.
v.
Richard Prince
New York Court of Appeals.
Dec 20, 1974.
324 N.E.2d 314
Robert J. McKeegan for appellant., Conrad E. Stearns for respondents.
Jasen.
Cited by 127 opinions  |  Published
Jasen, J.

The parties own adjoining farm lands in the Town of Deposit, Delaware County. A 10-acre parcel of vacant land lying between their properties is the subject of this action to establish title pursuant to article 15 of the Real Property Actions and Proceedings Law.

After a trial without a jury, the County Court adjudged that neither party had established title by deed, that the plaintiff failed to establish title by adverse possession and, implicitly at least, that the defendant was entitled to possession. The Appellate Division unanimously reversed, on the law and the facts, and directed judgment for the plaintiff on the ground that title by adverse possession had been shown. The defendant’s appeal is before us as of right. (CPLR 5601, subd. [a].)

Acquisition of title by adverse possession derives historically from the early English statutes limiting actions to recover land. Truly Statutes of Limitation, their purpose was ‘ ‘ for quieting of men’s estates, and avoiding of suits (Statute of Limitations, 21 Jac. I, ch. 16). The necessary effect, by barring the real owner’s right to recover his property, is, of course, to extinguish his title and make absolute the wrongful possessor’s.

Actual possession adverse to the true owner for the statutory period is required before title will vest. In qualifying the character of the possession required at common law, it is usually said that it must be hostile and under claim of right, actual, open and notorious, exclusive and continuous. (E.g., Belotti v. Bickhardt, 228 N. Y. 296, 302.) Reduced to its essentials, this means nothing more than that there must be possession in fact of a type that would give the owner a cause of action in ejectment against the occupier throughout the prescriptive period. (See, generally, 3 American Law of Property, § 15.3.) To be sure, there are additional statutory requirements as well, whether the possession is under written instrument (Real Property Actions and Proceedings Law, §§ 511, 512) or under claim of title not written (§§ 521, 522).

In the case before -us, we find ample support in the record for the conclusion reached by the Appellate Division that the common-law requirements for acquisition of title by adverse pos[*637] session were satisfied. There was testimony that from about 1945 or 1946 to 1961, the 10-acre parcel had been in continuous farming use under the direction and control of plaintiff’s predecessors, in conjunction with their tenancy and then ownership of the adjoining parcel. There was additional testimony that when they purchased the adjoining parcel in 1956, the boundary lines, as pointed out, included the disputed 10 acres. The testimony of the attorney for the estate from which they purchased tendedlo confirm this. The plaintiff also accounted for use of the disputed land following his purchase in 1961. He testified that the land was posted and rented to a hunting club and that a part was rented for pasturage and haying. Also, there was evidence of fencing and substantial enclosure in conjunction with all these uses, thus satisfying the statute. (Real Property Actions and Proceedings Law, § 512.)

Because the plaintiff was in possession for less than 15 years,* it was necessary for him to tack his adverse possession to that of his predecessor to satisfy the applicable statutory period. (Former Civ. Prac. Act, § 34.) The question arises whether this was proper because the parcel adversely possessed was not within the description of the deed to the plaintiff.

The rule is that successive adverse possessions of property omitted from a deed description, especially contiguous property, may be tacked if it appears that the adverse possessor intended to and actually turned over possession of the undescribed part with the portion of the land included in the deed. (Belotti v. Bickhardt, 228 N. Y. 296, 303, 308, supra; Adverse Possession — Tacking, Ann., 17 ALR 2d 1128, 1131-1132; 3 Ajnerican Law of Property, § 15.10.) Because the possessory title is entirely an incident of the adverse holder’s possession, transfer of that possession, even by parol, effects a transfer of the possessory interest. (3 American Law of Property, § 15.10.) The circumstances of this case are entirely consistent with a finding that plaintiff’s predecessors intended to and actually turned over their possessory interest in the 10-acre parcel. Hence, the tacking was proper.

[*638] Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge Breitel and Judges Gabbielli, Jones, Wachtleb, Babin and Stevens concur.

Order affirmed, with costs.

Plaintiff’s deed is dated October 16, 1961. The controversy with respect to title arose some seven years later.