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Adverse possession in New York

In New York, an action to recover real property cannot be brought unless the owner or a predecessor held or possessed it within ten years before the action (N.Y. C.P.L.R. 212(a)).

Statute text read October 8, 2026 on the state's own code site. A law summary for owners, not legal advice: ask a lawyer licensed in New York about a real claim.

How long it takes in New York

Where the claim rests on a written instrument, ten years of continued occupation under that claim makes the included premises held adversely (N.Y. Real Prop. Acts. Law 511).

Sources: NY ten years; NY written instrument

What the statute requires

An adverse possessor gains title when the limitation period ends, if the occupancy was adverse, under claim of right, open and notorious, continuous, exclusive and actual (N.Y. Real Prop. Acts. Law 501).

New York defines a claim of right as a reasonable basis for believing the property belongs to the adverse possessor (N.Y. Real Prop. Acts. Law 501).

Source: NY title on expiry

Fences and boundary lines

Small non-structural encroachments such as fences, hedges, shrubbery, plantings, sheds and non-structural walls are treated as permissive, not adverse (N.Y. Real Prop. Acts. Law 543).

Mowing or similar upkeep across the boundary line onto a neighbor's property is treated as permissive, not adverse (N.Y. Real Prop. Acts. Law 543).

Source: NY de minimis fences

Common questions

How many years for adverse possession in New York?

In New York, an action to recover real property cannot be brought unless the owner or a predecessor held or possessed it within ten years before the action (N.Y. C.P.L.R. 212(a)).

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