Legislation
SECTION 541
Adverse possession, how affected by relation of tenants in common
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 5
§ 541. Adverse possession, how affected by relation of tenants in
common. Where the relation of tenants in common has existed, the
occupancy of one tenant, personally or by his servant or by his tenant,
is deemed to have been the possession of the other, notwithstanding that
the tenant so occupying the premises has acquired another title or has
claimed to hold adversely to the other. But this presumption shall cease
after the expiration of ten years of continuous exclusive occupancy by
such tenant, personally or by his servant or by his tenant, or
immediately upon an ouster by one tenant of the other and such occupying
tenant may then commence to hold adversely to his cotenant.
common. Where the relation of tenants in common has existed, the
occupancy of one tenant, personally or by his servant or by his tenant,
is deemed to have been the possession of the other, notwithstanding that
the tenant so occupying the premises has acquired another title or has
claimed to hold adversely to the other. But this presumption shall cease
after the expiration of ten years of continuous exclusive occupancy by
such tenant, personally or by his servant or by his tenant, or
immediately upon an ouster by one tenant of the other and such occupying
tenant may then commence to hold adversely to his cotenant.