Skyview Motel owned property which Stuart Wald used for the storage of vehicles, machinery and dumping of debris. When the landlord later sued Wald for "trespass" and "private nuisance," Wald claimed he had become the owner of the property by way of "adverse possession."
When the Westchester County Supreme Court found in the Motel's favor, Wald appealed.
An adverse-possession claim requires that a property's occupation be "hostile and under claim of right," "actual," "open and notorious," "exclusive," and "continuous" for a ten year period. And, if there is nothing in writing backing up the claim, the adverse possessor must show the land was cultivated, improved or "protected by a substantial enclosure."
While Skyview was able to show that it was the owner of the property, Wald couldn't demonstrate that he had improved or enclosed the parcel, as the law required--thus compelling the Appellate Division, Second Department, to affirm the lawsuit's dismissal.
That was clearly a dump.
To view a copy of the Appellate Division's decision, please use this link: Skyview Motel, LLC v. Wald