Van Valkenburgh v. Lutz

Facts

The dispute was over four unimproved building lots, numbered 19 through 22, in block 54 on the tax map of the city of Yonkers. Together they formed a roughly triangular parcel of about 150 by 126 by 170 feet. The Van Valkenburghs bought the lots from the city by deed dated April 14, 1947. Since 1912 the Lutzes had owned lots 14 and 15, which fronted on Leroy Avenue and adjoined lot 19 at the rear. Before 1912 that part of the subdivision was covered with wild brush and small trees. William Lutz kept a garden on part of the disputed parcel, and several neighbors were supplied with vegetables. He also placed a portable chicken coop on the land and moved it about, cut brush and some trees, and left salvaged materials and discarded items on it. About 1923 he built a small shed on the parcel, about 14 feet from the Lutz boundary line, though he testified he knew it was not on his land. His garage also extended a few inches over the boundary line, though he testified he thought it was on his own property. In an earlier action Lutz had conceded the plaintiffs' title in order to claim an easement by adverse possession over a traveled way crossing the lots.

Issues

1. Did the proof show that Lutz actually occupied the disputed lots by cultivation or improvement sufficient to satisfy the Civil Practice Act?
2. Did Lutz occupy the premises under a claim of title hostile to the true owner?

Holding

Lutz did not acquire title by adverse possession, because the proof failed to establish actual occupation for the required time and in the required manner. The proof failed to show that his garden used the whole parcel, and the smaller cultivated area was not defined with certainty. He built the shed knowing it was not on his land and the garage thinking it was on his own, so neither showed occupation under a claim of title hostile to the true owner.