Squatters Rights New York Summary
Statutory Period
10 years
Primary Statute
New York Real Property Actions & Proceedings Law § 501-551
Additional Requirements
- Actual, open, notorious, exclusive, and continuous possession
- Hostile and under claim of right
- Cultivation, improvement, or protection by substantial enclosure
Squatters Rights 30 Days New York
There is a pervasive misconception that squatters in New York can gain legal rights after just 30 days of occupation. This claim is completely false and has no basis in New York state law. Understanding the actual legal requirements is important for both property owners and occupants.
Origins of the 30-Day Myth in New York
This misinformation stems from several sources:
- Confusion with tenant laws: New York's strong tenant protection laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in New York is 10 years, not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through New York's court system (which can be lengthy) may create the impression that squatters have legal rights after a short period.
New York's 2025 Squatter Removal Process
New York law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through New York's criminal trespass laws (NY Penal Law § 140.05-140.17)
- For situations requiring court action, New York offers specialized summary proceedings for the recovery of real property (RPAPL Article 7)
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, New York has strengthened enforcement of trespassing laws while maintaining due process protections
Important 2025 Update: New York has clarified its approach to unauthorized occupants, with amendments to the Real Property Actions and Proceedings Law to streamline the removal process while maintaining due process protections. Law enforcement can intervene in clear cases of trespassing. For actual adverse possession in New York, a claimant must occupy the property for 10 years, not 30 days as commonly misunderstood. New York also requires that the possession be actual, open, notorious, exclusive, continuous, and hostile under claim of right.
Overview of Adverse Possession in New York
Key information about squatter's rights in New York
New York's adverse possession laws were significantly reformed in 2008, establishing clearer standards for what constitutes adverse possession. The state has specific requirements for what qualifies as "cultivation" or "improvement" in urban, suburban, and rural environments.
Statutory Time Requirements
New York requires a 10-year period of adverse possession to establish a claim:
- 10 years: Standard adverse possession period (RPAPL § 501)
- Unlike some states, New York does not offer a shortened period based on color of title or tax payment
Reference: New York Real Property Actions and Proceedings Law
New York's Reformed Common Law Elements
New York's 2008 reforms dramatically changed how courts interpret these elements:
- Actual: Must physically occupy the land by cultivating/improving it or installing a "substantial enclosure." Lawn mowing and flower planting explicitly don't qualify (RPAPL § 512).
- Hostile: Must have a "reasonable basis" to believe you own the property—good-faith boundary mistakes no longer qualify after the 2008 reforms.
- Exclusive: New York strictly requires possession "to the exclusion of all others." Any shared use typically defeats a claim.
- Open & Notorious: More obvious actions required in urban areas than rural ones. Activities must clearly signal ownership to a reasonably attentive property owner.
- Continuous: Must maintain possession consistent with how an ordinary owner would use that specific type of property for the full 10-year period.
2008 Reform Act
New York's 2008 adverse possession reform (Chapter 269 of the Laws of 2008) made significant changes:
- Eliminated the "claim of right" doctrine that allowed mistaken boundary encroachments to qualify
- Required that the possessor have a reasonable basis to believe they own the property
- Specified that certain acts (like mowing lawn or planting flowers) are deemed permissive and non-adverse
- Clarified that de minimis non-structural encroachments are not adverse
- These reforms made adverse possession claims more difficult to establish in New York
New York Adverse Possession Statutes
N.Y. Real Property Actions & Proceedings Law § 501. Adverse possession; defined
1. Adverse possession is defined as the occupation of real property by a person or entity that does not have the legal right to occupy the property. To acquire title by adverse possession, the occupation of real property must be hostile and under claim of right, actual, open and notorious, exclusive and continuous for the statutory period.
2. For the purposes of this article, a claim of right means a reasonable basis for the belief that the property belongs to the adverse possessor or property owner, as the case may be.
3. Notwithstanding any other provision of this article, the existence of de minimis non-structural encroachments including, but not limited to, fences, hedges, shrubbery, plantings, sheds and non-structural walls, shall be deemed to be permissive and non-adverse.
4. Notwithstanding any other provision of this article, the acts of lawn mowing or similar maintenance across the boundary line of an adjoining landowner's property shall be deemed permissive and non-adverse.
N.Y. Real Property Actions & Proceedings Law § 511. Adverse possession under written instrument or judgment
Where the occupant or those under whom the occupant claims entered into the possession of the premises under claim of title, exclusive of any other right, founding the claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and there has been a continued occupation and possession of the premises included in the instrument, decree or judgment, or of some part thereof, for ten years, under the same claim, the premises so included are deemed to have been held adversely; except that when they consist of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot.
N.Y. Real Property Actions & Proceedings Law § 512. Essentials of adverse possession under written instrument or judgment
For the purpose of constituting an adverse possession by a person claiming a title founded upon a written instrument or a judgment or decree, land is deemed to have been possessed and occupied in either of the following cases:
1. Where it has been usually cultivated or improved.
2. Where it has been protected by a substantial enclosure.
3. Where, although not enclosed, it has been used for the supply of fuel or of fencing timber, either for the purposes of husbandry or for the ordinary use of the occupant.
Important Legal Notes
- New York's 2008 reforms significantly narrowed the scope of adverse possession claims, particularly in boundary dispute cases.
- Under New York law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in New York must be initiated by filing an action to quiet title.
- New York specifically exempts certain government-owned lands from adverse possession claims.
- The statutory period is tolled (paused) for owners who are minors, legally incompetent, or imprisoned.
Key New York Adverse Possession Cases
Walling v. Przybylo (2008)
This landmark case by the New York Court of Appeals addressed the 2008 statutory amendments to adverse possession law. The court held that the new statutory requirement of a "claim of right" did not apply retroactively to claims that had fully ripened before the amendment took effect. This case is important for understanding how New York's adverse possession reform applies to existing claims.
Estate of Becker v. Murtagh (2010)
The New York Appellate Division clarified that under the 2008 amendments, a claimant must have a reasonable basis to believe they own the property. The court rejected an adverse possession claim where the possessor knew they did not own the disputed land, establishing that mere mistaken belief is no longer sufficient to establish adverse possession in New York.
Bergmann v. Spallane (2012)
This case addressed what constitutes "cultivation" or "improvement" under New York law. The court held that regular maintenance activities like mowing, planting flowers, and removing debris were insufficient to establish adverse possession under the 2008 amendments, as these activities are now explicitly deemed permissive and non-adverse.
Sawyer v. Prusky (2015)
The New York Appellate Division ruled that the presence of a fence and regular use of property for recreational purposes could still establish adverse possession, even under the stricter 2008 standards. The court distinguished between de minimis encroachments (which are deemed permissive) and substantial, exclusive use of the property.
New York Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in New York, a claimant typically must:
- File an action to quiet title in the Supreme Court of the county where the property is located
- Provide evidence meeting the 10-year requirement under RPAPL § 501-512
- Demonstrate that possession was actual, open, notorious, exclusive, continuous, and hostile under claim of right
- Present evidence such as witness testimony, photographs, surveys, documentation of improvements, and tax records
- Be prepared to address any evidence of permissive use or interruption of possession
- Overcome the presumptions created by the 2008 reforms regarding certain activities being deemed permissive
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county clerk's office to establish clear title to the property.
Can I legally remove squatters from my property in New York?
Yes, but you must follow legal procedures. New York law provides several options:
- Police assistance: For clear cases of trespassing, contact law enforcement and provide proof of ownership. Police may remove trespassers under New York's criminal trespass laws (NY Penal Law § 140.05-140.17).
- Summary proceeding: If the unauthorized occupants have been present for some time or claim some right to be there, you may need to file a summary proceeding for the recovery of real property under RPAPL Article 7.
- Ejectment action: For more complex cases, an ejectment action may be necessary.
Important: "Self-help" eviction methods like changing locks, removing possessions, or shutting off utilities are illegal in New York and could result in liability for the property owner.
Defending Against Adverse Possession Claims
Property owners can protect themselves against adverse possession claims by:
- Regularly inspecting property boundaries
- Granting written permission to neighbors who use portions of your land
- Posting "No Trespassing" signs
- Taking prompt legal action against encroachments
- Recording a notice of interruption with the county clerk
- Filing trespass complaints with local law enforcement
Under New York law, even a brief interruption of possession during the 10-year period will restart the clock for adverse possession claims.
Frequently Asked Questions
Is there a 30-day squatter's rights law in New York?
No. There is no 30-day squatter's rights law in New York. This is a common misconception. Under New York law, adverse possession requires continuous possession for 10 years, along with meeting other legal requirements. The 30-day myth likely stems from confusion with tenant protection laws or the time it takes to legally remove unauthorized occupants.
How did New York's 2008 adverse possession reform change the law?
The 2008 reform (Chapter 269 of the Laws of 2008) significantly changed New York's adverse possession law by: (1) requiring a "reasonable basis" for believing one owns the property, (2) specifying that certain activities like lawn mowing and non-structural encroachments are deemed permissive and non-adverse, and (3) generally making adverse possession claims more difficult to establish, particularly in boundary dispute cases.
Can squatters claim rights to abandoned property in New York?
Technically yes, but only after meeting all requirements for adverse possession, including 10 years of continuous, open, notorious, exclusive, and hostile possession. Simply occupying an abandoned property for a short period does not create any legal rights. Property owners can prevent such claims by periodically inspecting their properties and taking action against unauthorized occupants.
Does paying property taxes help establish adverse possession in New York?
Unlike some states, New York does not explicitly require payment of property taxes as an element of adverse possession. However, evidence of tax payment can help demonstrate a claim of right and the open and notorious nature of possession. Courts may consider tax payment as one factor among many when evaluating adverse possession claims.
What is "color of title" and how does it affect adverse possession in New York?
Color of title refers to a written document that appears to transfer ownership but is actually defective in some way. Unlike some states, New York does not provide a shorter statutory period for adverse possession claims based on color of title. All adverse possession claims in New York require 10 years of possession, regardless of whether the claimant has color of title.
Can I remove squatters from my property without going to court in New York?
In clear cases of trespassing where the occupants have no colorable claim to the property, you can request police assistance for removal under New York's criminal trespass laws. However, if the occupants have been present for some time or claim any right to be there, court proceedings will likely be necessary. Self-help eviction methods are illegal in New York.