§ 321 — Proof of ownership of unoccupied lands and timber thereon

New York § 321

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 3: Provisions Relating to Evidence

Text

§ 321. Proof of ownership of unoccupied lands and timber thereon. In\nall actions to recover the possession of, or otherwise to determine the\ntitle to, or for trespass upon or injury to, unoccupied lands, timber,\ntrees, or underwood thereon, any party seeking such recovery or\ndetermination may show an unbroken chain of title for twenty years, or\nconveyance of the land to himself more than twenty years next preceding\nthe commencement of the action or the assertion of the defense or\ncounterclaim except in actions for trespass, and in actions for trespass\nfor twenty years next preceding the commission of the trespass or\ninjury, and such proof shall be presumptive evidence of ownership at the\ntimes respectively of the commencement of such action or assertion of\nthe defense or counterclaim or commission of such trespass or injury.\nSuch presumption may be rebutted by any other or opposing party by\nshowing ownership of said lands, at the times respectively of the\ncommencement of the action or the commission of the trespass or injury,\nin some person other than the party claiming ownership by virtue of such\npresumption. In any such action wherein the state, or any county or any\nstate officer, board or commission shall be a party, evidence as\naforesaid shall not be deemed to create any presumption of ownership as\nagainst said designated parties.\n