Topic: (1) hostile and under claim of right; (2) actual; (3) open … · Go Syfert
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Topic #14801

3 canonical passages across 3 cases, quoted by 27 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Walling v. Przybylo.

#Case FlagCanonical passage Citers
1 Walling v. Przybylo Anchor
ny · 2006
green “(1) hostile and under claim of right; (2) actual; (3) open and notorious; (4) exclusive; and (5) continuous for the required period” 14
2 Walsh v. Ellis
nyappdiv · 2009
green “usually cultivated, improved, or substantially enclosed the land” 10
3 United Pickle Products Corp. v. Prayer Temple Community Church
nyappdiv · 2007
green “hostility can be inferred simply from the existence of the remaining four elements, thus shifting the burden to the record owner to produce evidence rebutting the presumption of adversity” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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