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Property Law CUNY

Walling v Przybylo

In 2008 the New York legislature amended Section 501 of the Real Property Actions and Proceedings Law to overrule Walling v. Przybylo. "Claim of right" was redefined as a “reasonable basis for the belief that the property belongs to the adverse possessor or property owner, as the case may be.”  The intent of the legislature was to prevent intentional trespassers or land invaders from gaining title by adverse possession, although the language has created some difficulties for courts.