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  • Van Valkenburgh v. Lutz: Adverse Possession Requires Enclosure and Cultivation

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    The defendant built a home and garden on a plot of land owned by the plaintiff for 30 years before the plaintiff purchased the land from the city. The plaintiff sued, claiming ownership. The lower courts ruled for the defendant, finding adverse possession. The appeals court reversed, holding that to claim adverse possession, the defendant needed to enclose the land and make improvements while openly claiming it as their own.

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    Van Valkenburgh v Lutz

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    Van Valkenburgh v Lutz

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    The defendant built a home and garden on a plot of land owned by the plaintiff for 30 years before the plaintiff purchased the land from the city. The plaintiff sued, claiming ownership. The lower courts ruled for the defendant, finding adverse possession. The appeals court reversed, holding that to claim adverse possession, the defendant needed to enclose the land and make improvements while openly claiming it as their own.

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    © All Rights Reserved
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    227 views1 page

    Van Valkenburgh v. Lutz: Adverse Possession Requires Enclosure and Cultivation

    Uploaded by

    MissPardis
    The defendant built a home and garden on a plot of land owned by the plaintiff for 30 years before the plaintiff purchased the land from the city. The plaintiff sued, claiming ownership. The lower courts ruled for the defendant, finding adverse possession. The appeals court reversed, holding that to claim adverse possession, the defendant needed to enclose the land and make improvements while openly claiming it as their own.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    Van Valkenburgh v.

    Lutz

    Court of Appeals of New York, 1952.


    106 N.E.2d 28
    Pages 122-134 Case Book

    Facts: The D owned lots next to the P lot. The D built a single person home on the land of the P
    before the P actually purchased it. The D grew a garden on that land as well long before the P
    bought it from the city. The D owned his lots and worked the land of the P for 30 years. D
    claimed this is their land whereas the P claimed title b/c he bought it from the city.

    Procedural History: Verdict for the D. Appeals court affirmed. P appealed again.

    Issue: Does a person have to build an enclosure, claim adverse possession, and cultivate and
    improve a piece of land before they can be awarded title by adverse possession?

    Holding: Reversed for the P.

    Reasoning: Yes, the person must enclose it, improve it, and claim title by adverse possession.

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