Adverse Possession Laws in New York

In New York, adverse possession takes 10 years, and the eviction law says a squatter is not a tenant.

Last checked October 2026. General information, not legal advice.

Standard period: 10 years
With color of title: 10 years (same period); Possession under a written instrument or judgment also takes 10 years (RPAPL 511).
Property taxes required: No; The statute sets no property tax payment requirement.
Squatter removal law: Yes, squatters excluded from tenant protections; RPAPL 711 says a tenant does not include a squatter, and RPAPL 713(3) allows a summary proceeding against a person who squatted on the property.

Sources

Last checked October 2026

The rules in New York

How many years of possession are required for adverse possession in New York?

Standard period in New York: 10 years.

Is the adverse possession period shorter with color of title in New York?

With color of title in New York: 10 years (same period). Possession under a written instrument or judgment also takes 10 years (RPAPL 511).

Does the occupant have to pay property taxes to claim adverse possession in New York?

No. Property taxes required in New York: no. The statute sets no property tax payment requirement.

Does New York have a special law for removing squatters?

Yes, squatters excluded from tenant protections. Squatter removal law in New York: yes, squatters excluded from tenant protections. RPAPL 711 says a tenant does not include a squatter, and RPAPL 713(3) allows a summary proceeding against a person who squatted on the property.

Where do the New York adverse possession laws come from?

The rules above come from N.Y. CPLR 212(a), N.Y. RPAPL 501, N.Y. RPAPL 511, N.Y. RPAPL 711 and N.Y. RPAPL 713. Each source is linked on this page. We last checked them in October 2026.

Good to know

Possession must be adverse, under claim of right, open and notorious, continuous, exclusive and actual (RPAPL 501).

What this means in practice

Courts usually require possession that is actual, open, continuous, exclusive and hostile (without the owner's permission) for the full statutory period. The person claiming the land generally has to prove each element, and courts read these requirements strictly.

Owners can protect themselves by inspecting vacant or rural land regularly, keeping boundary lines marked, and responding quickly to fences, buildings or other uses that cross the line. Written permission, such as a simple license or lease, can make a neighbor's use permissive instead of hostile.

Adverse possession does not usually transfer title automatically. The occupant often needs a court judgment, such as in a quiet title action, before the new ownership can be recorded. Boundary disputes between neighbors are often settled with a survey and a recorded deed instead of a lawsuit.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

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