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For example, the adverse possessor's use must be "hostile and under claim of right," he said.
The last requirement, "under claim of right," Mr. Hall said, is the issue most often in dispute.
When that happens, he said, it is clear that possession of the disputed property is not under claim of right.
"The way it's usually expressed is that the possession of the property in question must be open and notorious, hostile, continuous, actual, exclusive and under claim of right," Mr. Hall said.
"In order for adverse possession to ripen into legal title in New York, the use must be actual, hostile, open, notorious, exclusive and under claim of right for a continuous 10-year period," Mr. Ferrara said.
Michael Liss, a real estate lawyer in White Plains, said that if a person who has been using another's property "openly, notoriously, hostilely, exclusively, actually and under claim of right" for five years sells the property to a buyer who continues to use the neighbor's property in the same way, the buyer would have an adverse-possession claim in just five years.
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I pay my taxes, under-claim expenses, give mistaken change back to the cashier.
Sir Paul also rejected Mr Malik's argument that the excessive council tax claim was part of a planned procedure to offset an under-claim on his mortgage interest.
Payouts under claims are complicated and are explored later in this paper in the example 4.
The department is also being crushed, quite literally, under claims filed on paper.
The popular revolutionary cry 'Freedom or Death' was often interpreted to justify killings under claimed Republican authority.
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