Adverse Possession—An Unincorporated Association May Adversely Possess Property – Time of Possession May Be “Tacked On” to Possession by a Corporate Entity to Establish Continuous Possession—Actual Knowledge of Record Owner’s Title Is Not Fatal to An Adverse Claim—an Adverse Possessor Need Not be an Adjacent Owner
A plaintiff nonprofit organization was incorporated in 2012. The plaintiff operates a “community garden” (Garden), which was founded by its members in 1985 on Lots 16, 18, and 19 in Block 154 in Manhattan’s Lower East Side.” Most of the defendants allegedly were the record owners of Lot 19 during the prescriptive period. One defendant had purchased Lot 19 in January 2014. The plaintiff sought a declaration that it owned Lot 19 by adverse possession. A trial court denied the defendants’ motions to dismiss the complaint.
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