N.Y. Real Property Actions & Proceedings Law § 321: Proof of ownership of unoccupied lands and timber thereon

§ 321. Proof of ownership of unoccupied lands and timber thereon. In

all actions to recover the possession of, or otherwise to determine the

title to, or for trespass upon or injury to, unoccupied lands, timber,

trees, or underwood thereon, any party seeking such recovery or

determination may show an unbroken chain of title for twenty years, or

conveyance of the land to himself more than twenty years next preceding

the commencement of the action or the assertion of the defense or

counterclaim except in actions for trespass, and in actions for trespass

for twenty years next preceding the commission of the trespass or

injury, and such proof shall be presumptive evidence of ownership at the

times respectively of the commencement of such action or assertion of

the defense or counterclaim or commission of such trespass or injury.

Such presumption may be rebutted by any other or opposing party by

showing ownership of said lands, at the times respectively of the

commencement of the action or the commission of the trespass or injury,

in some person other than the party claiming ownership by virtue of such

presumption. In any such action wherein the state, or any county or any

state officer, board or commission shall be a party, evidence as

aforesaid shall not be deemed to create any presumption of ownership as

against said designated parties.