Practice point: Where the claim is not based on a written instrument, plaintiff must demonstrate that it cultivated, improved, or substantially enclosed the land.
Students should note that, since adverse possession is a disfavored means of gaining title, the evidentiary standard is clear and convincing.
Case: Best & Co. Haircutters, Ltd. v.
Slip Op 01231 (2d Semon, NY Dept. 2011).
Tomorrow's issue: Slip and fall in a public park.