New York
New York Squatters Rights and Adverse Possession Laws (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 7 primary sources cited on this page. How we verify our legal content
New York sets a 10-year adverse possession period under N.Y. CPLR § 212(a) and RPAPL § 501. A squatter who meets all five statutory elements after a full decade may petition a court for title. Until then, property owners remove squatters through an ejectment action or an RPAPL summary proceeding in housing court, not through self-help.
Verification notice: The statutory periods and elements cited in this article are drawn directly from N.Y. CPLR § 212(a), RPAPL §§ 501, 511, 521, and 601, as published on nysenate.gov. Always confirm current statute text before taking legal action.
Jurisdiction scope: This article covers New York State, including New York City. For laws in other states, see the national squatters rights guide.
Adverse Possession in New York: Period and Elements
New York's adverse possession framework rests on two pillars: the statute of limitations in the Civil Practice Law and Rules and the substantive elements codified in the Real Property Actions and Proceedings Law.
The 10-year clock. Under N.Y. CPLR § 212(a), an owner loses the right to bring an action to recover real property once 10 years have passed since the adverse possessor first occupied it. When the clock expires and all elements are satisfied, the adverse possessor may bring a quiet-title action to have a court formally recognize ownership.
Five elements under RPAPL § 501. The statute defines an adverse possessor as someone who occupies another's real property in a manner that gives the owner a cause of action for ejectment. To mature into a title claim, that occupancy must be:
- Adverse: without the owner's permission.
- Under claim of right: the possessor must have a reasonable basis for believing the property belongs to them. This is the good-faith standard enacted by the 2008 legislative reform to RPAPL § 501. Before 2008, a purely hostile claim with no belief of ownership could suffice; the reform narrowed that.
- Open and notorious: the possession must be visible and obvious enough that a diligent owner would notice it.
- Continuous: uninterrupted throughout the full 10-year period. Seasonal use may satisfy continuity if it mirrors how a typical owner would use that type of property.
- Exclusive: the possessor must not share control of the property with the true owner or the general public.
- Actual: physical use of the land, not merely a paper claim.
Color of title vs. no written instrument. RPAPL § 511 addresses possession that begins under a written instrument (a defective deed, for example) or a court judgment. RPAPL § 521 addresses possession with no written instrument at all. Both sections require the same 10-year period. New York does not grant a shorter statutory period for color-of-title claimants, unlike several other states.
No tax-payment requirement. New York law does not require an adverse possessor to pay property taxes during the statutory period. Paying taxes can support a claim of right, but failing to pay does not defeat a claim.
Tacking. A claimant may add the time a prior adverse possessor held the property, provided there is privity of possession between them, for example, a deed or other transfer of the possessory interest. Tacking allows related occupants to pool time toward the 10-year total.
How to Remove a Squatter in New York
New York law provides two primary legal routes for property owners who discover an unauthorized occupant: an ejectment action in Supreme Court and a summary proceeding in housing court.
Ejectment action (RPAPL § 601). An ejectment action is a full civil lawsuit in which the property owner asks the court to declare the right to possession and award damages for the period of wrongful occupancy. Damages may reach back up to six years. Ejectment is the traditional route when the squatter makes an adverse possession claim or when the dispute is complex.
RPAPL summary proceeding (§ 713, Ground 3). New York's summary proceeding statute creates an expedited path when no landlord-tenant relationship exists. Under RPAPL § 713(3), a property owner may commence a summary proceeding against a person who "intruded into or squatted upon the property without permission" or who remained after permission was revoked with proper notice. Summary proceedings move faster than ejectment actions and are heard in housing court or a local court with jurisdiction.
Squatter vs. tenant distinction. New York law distinguishes between squatters and tenants, but the line can blur in practice. RPAPL § 768 prohibits self-help eviction of an occupant who has lawfully occupied a dwelling unit for 30 or more consecutive days or who has entered into a lease; the statute's protection against forced removal without a court order turns on that lawful-occupancy or lease condition, not on occupancy alone. Whether a true squatter, someone who never had permission to occupy the unit, can establish lawful occupancy under § 768 is a question that turns on current statute and case law. Owners should confirm the current legal standard with a New York attorney before acting.
No self-help. Changing locks, removing belongings, cutting utilities, or physically removing an occupant outside of a court process violates RPAPL § 768. Violations are a Class A misdemeanor and expose the owner to civil penalties between $1,000 and $10,000 per violation, plus up to $100 per day for failure to restore occupancy.
Step-by-step overview.
- Document the unauthorized occupancy with photographs and written records.
- Contact local law enforcement if the occupant entered by force or trespass; police may remove a fresh trespasser before occupancy becomes established.
- Serve a written notice to quit if the occupant had any prior permission.
- File a summary proceeding under RPAPL § 713 (housing court) or an ejectment action (Supreme Court).
- Attend the hearing and obtain a judgment of possession.
- Arrange for a marshal or sheriff to execute the warrant of eviction.
Legal disclaimer: This article provides general legal information about New York squatters rights laws and is not legal advice. Laws change and individual circumstances vary. Consult a lawyer licensed in New York before taking action related to adverse possession or squatter removal.
Page maintained by the RecordingLaw.com editorial team. Last reviewed May 2026.
More New York Laws
Frequently Asked Questions
How long does adverse possession take in New York?
New York requires 10 continuous years of open, notorious, exclusive, and actual possession under claim of right before an adverse possessor may seek a court order for title. The period is set by N.Y. CPLR § 212(a) and applies statewide, including in New York City.
Do squatters become tenants after 30 days in New York?
RPAPL § 768 protects an occupant who has lawfully occupied a dwelling unit for 30 consecutive days or longer, or who has entered into a lease, from self-help eviction, meaning the owner must go to court rather than change the locks or remove belongings. Whether an occupant who entered without permission can meet that lawful-occupancy condition, and whether that occupant acquires the full legal rights of a tenant under New York landlord-tenant statutes, are separate questions that turn on current statutory language and case law. Confirm the current standard with a New York-licensed attorney before relying on either position.
Does New York require squatters to pay property taxes?
No. New York does not require an adverse possessor to pay property taxes as a condition of a successful claim. Paying taxes can strengthen a claim of right argument, but failing to pay does not automatically defeat adverse possession.
What is the claim-of-right requirement in New York?
Since the 2008 reform to RPAPL § 501, claim of right means the possessor had a reasonable basis for believing the property belonged to them. A purely hostile or knowing trespass without any good-faith belief of ownership does not satisfy this element. If the true owner cannot be identified in county records or located by reasonable means, claim of right is not required.
Can a squatter be removed without going to court in New York?
Generally no. Once an occupant has lawfully occupied a dwelling for 30 or more consecutive days, or holds a lease, RPAPL § 768 forbids self-help removal, and the owner must obtain a court order through an ejectment action or an RPAPL § 713 summary proceeding. Whether that same protection extends to a true squatter who never had lawful occupancy is a separate question that turns on current statute and case law. For a very recent intrusion, local law enforcement may be able to remove the person as a trespasser before occupancy becomes entrenched.
Is there a shorter adverse possession period for color-of-title claims in New York?
No. Whether the claimant holds a written instrument under RPAPL § 511 or has no instrument under RPAPL § 521, the required period is 10 years. New York does not recognize a reduced period for color-of-title adverse possession.
Can adverse possession apply to property in New York City?
Yes. The same CPLR § 212(a) and RPAPL framework applies throughout New York State, including all five boroughs of New York City. However, adverse possession claims against city-owned or government-owned property face additional legal hurdles and are generally not permitted.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected RPAPL § 768's 30-day self-help eviction protection throughout the article, KeyTakeaways, and FAQ: the statute conditions that protection on lawful occupancy or a lease, not on occupancy alone regardless of how the occupant entered.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on 7 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
New York Civil Practice Law and Rules
§ 212Actions to be commenced within ten or fifteen yearsIn forcecited in 2 of our articles
Actions to be commenced within ten or fifteen years. (a) Possession necessary to recover real property. An action to recover real property or its possession cannot be commenced unless the plaintiff, or his predecessor in interest, was seized or possessed of the premises within ten years before the commencement of the action. (b) Annulment of letters patent. Where letters patent or a grant of real property, issued or made by the state, are declared void on the ground of fraudulent suggestion or concealment, forfeiture, mistake or ignorance of a material fact, wrongful detaining or defective title, an action to recover the premises may be commenced by the state or by a subsequent patentee or grantee, or his successor in interest, within ten years after the determination is made. (c) To redeem from a mortgage.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
Also relied on in: Squatters Rights by State: Adverse Possession Laws (2026)
New York Real Property Actions and Proceedings Law
§ 501Adverse possession; definedIn forcecited in 2 of our articles
Adverse possession; defined. For the purposes of this article: 1. Adverse possessor. A person or entity is an "adverse possessor" of real property when the person or entity occupies real property of another person or entity with or without knowledge of the other's superior ownership rights, in a manner that would give the owner a cause of action for ejectment. 2. Acquisition of title. An adverse possessor gains title to the occupied real property upon the expiration of the statute of limitations for an action to recover real property pursuant to subdivision (a) of section two hundred twelve of the civil practice law and rules, provided that the occupancy, as described in sections five hundred twelve and five hundred twenty-two of this article, has been adverse, under claim of right, open and notorious, continuous, exclusive, and actual. 3. Claim of right. 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.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
§ 511Adverse possession under written instrument or judgmentIn forcecited in 2 of our articles
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 right, 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.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
§ 521Adverse possession not under written instrument or judgmentIn forcecited in 2 of our articles
Adverse possession not under written instrument or judgment. Where there has been an actual continued occupation of premises under a claim of right, exclusive of any other right, but not founded upon a written instrument or a judgment or decree, the premises so actually occupied, and no others, are deemed to have been held adversely.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
§ 601Damages for withholding real property obtainable in action to recover possession; set-off by defendantIn force
Damages for withholding real property obtainable in action to recover possession; set-off by defendant. In an action to recover the possession of real property, the plaintiff may recover damages for withholding the property, including the rents and profits or the value of the use and occupation of the property for a term not exceeding six years; but the damages shall not include the value of the use of any improvements made by the defendant or those under whom he claims. Where permanent improvements have been made in good faith by the defendant or those under whom he claims, while holding, under color of title, adversely to the plaintiff, the value thereof must be allowed to the defendant in reduction of the damages of the plaintiff, but not beyond the amount of those damages.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
§ 713Grounds where no landlord-tenant relationship existsIn force
Grounds where no landlord-tenant relationship exists. A special proceeding may be maintained under this article after a ten-day notice to quit has been served upon the respondent in the manner prescribed in section 735, upon the following grounds: 1. The property has been sold by virtue of an execution against him or a person under whom he claims and a title under the sale has been perfected. 2. He occupies or holds the property under an agreement with the owner to occupy and cultivate it upon shares or for a share of the crops and the time fixed in the agreement for his occupancy has expired. 3. He or the person to whom he has succeeded has intruded into or squatted upon the property without the permission of the person entitled to possession and the occupancy has continued without permission or permission has been revoked and notice of the revocation given to the person to be removed. 4.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
§ 768Unlawful evictionIn force
Unlawful eviction. 1. (a) It shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling except to the extent permitted by law pursuant to a warrant of eviction or other order of a court of competent jurisdiction or a governmental vacate order by: (i) using or threatening the use of force to induce the occupant to vacate the dwelling unit; or (ii) engaging in a course of conduct which interferes with or is intended to interfere with or disturb the comfort, repose, peace or quiet of such occupant in the use or occupancy of the dwelling unit, to induce the occupant to vacate the dwelling unit including, but not limited to, the interruption or discontinuance of essential services; or (iii) engaging or threatening to engage in any other conduct which prevents or is intended to prevent such occupant from the lawful occupancy of such dwelling unit or to induce the occupant to vacate the dwelling unit including, but not limited to, removing the occupant's possessions from the dwelling unit, removing the door at…
Official text (excerpt) · as of 2026-07-29 · Read the full section at legislation.nysenate.gov
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Sources and References
- N.Y. CPLR § 212(a) -- 10-year limitation on real property recovery actions(nysenate.gov).gov
- N.Y. RPAPL § 501 -- Adverse possessor defined; elements of adverse possession(nysenate.gov).gov
- N.Y. RPAPL § 511 -- Adverse possession under written instrument or judgment(nysenate.gov).gov
- N.Y. RPAPL § 521 -- Adverse possession without written instrument(nysenate.gov).gov
- N.Y. RPAPL § 601 -- Ejectment action; damages for wrongful possession(nysenate.gov).gov
- N.Y. RPAPL § 713 -- Summary proceeding grounds; squatter and licensee removal(nysenate.gov).gov
- N.Y. RPAPL § 768 -- Unlawful eviction; prohibition on self-help removal(nysenate.gov).gov