New York Squatters Rights and Adverse Possession Laws (2026)

New York sets a 10-year adverse possession period under N.Y. CPLR § 212(a) and RPAPL § 501. A squatter who meets all six 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, 512, 521, 522, 601, 711, 713, and 768, 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.

Six 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:

1. Adverse: without the owner's permission.
2. 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.
3. Open and notorious: the possession must be visible and obvious enough that a diligent owner would notice it.
4. 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.
5. Exclusive: the possessor must not share control of the property with the true owner or the general public.
6. Actual: physical use of the land, not merely a paper claim.

The qualifying acts requirement (RPAPL §§ 512 and 522). Those six elements are not the whole test. RPAPL § 501(2) conditions title on the occupancy "as described in sections five hundred twelve and five hundred twenty-two of this article," and those two sections define what physical occupancy actually counts. Section 522, which governs a claim with no written instrument, provides that land is deemed possessed and occupied "in either of the following cases, and no others": where there have been acts sufficiently open to put a reasonably diligent owner on notice, or where the land has been protected by a substantial enclosure. Section 512, which governs a claim founded on a written instrument or a judgment, lists those same two cases plus a third, land that is not enclosed but has been used to supply fuel or fencing timber for husbandry or the occupant's ordinary use, and treats the uncleared portion of a partly improved farm or lot as occupied for as long as the improved portion. A claimant whose use fits none of these categories does not satisfy the statute no matter how many years have run.

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), and after a 10-day notice to quit has been served, a property owner may commence a summary proceeding against a person who "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 whose permission was revoked with notice of the revocation. 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 answers the tenant question by statute rather than leaving it to argument. RPAPL § 711, the section that governs summary proceedings where a landlord-tenant relationship exists, states that "a tenant shall not include a squatter," and it defines a squatter as "a person who enters onto or intrudes upon real property without the permission of the person entitled to possession, and continues to occupy the property without title, right or permission of the owner or owner's agent or a person entitled to possession." The same section provides that if its squatter language conflicts with RPAPL § 713(3), section 713 controls. An unauthorized occupant therefore does not become a tenant by staying put, and the owner's route is the § 713(3) summary proceeding or an ejectment action rather than a landlord-tenant proceeding under § 711.

What remains genuinely open is narrower. RPAPL § 768 bars 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, and whether a particular occupancy was lawful is a fact question for the court on the specific history of that unit. Section 768 governs how an occupant may be removed, not whether that occupant holds tenant status. Owners facing a contested occupancy should confirm with a New York attorney how a court is likely to treat it 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.

1. Document the unauthorized occupancy with photographs and written records.
2. Contact local law enforcement if the occupant entered by force or trespass; police may remove a fresh trespasser before occupancy becomes established.
3. Serve the 10-day notice to quit that RPAPL § 713 requires before a summary proceeding on any of its grounds.
4. File a summary proceeding under RPAPL § 713 (housing court) or an ejectment action (Supreme Court).
5. Attend the hearing and obtain a judgment of possession.
6. 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.

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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?

No. RPAPL § 711 states directly that a tenant shall not include a squatter, and it defines a squatter as a person who enters onto or intrudes upon real property without the permission of the person entitled to possession and continues to occupy it without title, right, or permission. Time alone does not convert such an occupant into a tenant. A separate statute, RPAPL § 768, bars self-help eviction of an occupant who has lawfully occupied a dwelling unit for 30 or more consecutive days or who holds a lease, so an owner still needs a court order; that provision limits how a person may be removed and does not grant tenant status. Whether a particular occupancy was lawful is a fact question for the court, so confirm your own situation with a New York-licensed attorney.

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.

What kind of use counts toward adverse possession in New York?

RPAPL § 501(2) ties title to occupancy as described in RPAPL §§ 512 and 522. For a claim with no written instrument, § 522 counts land as possessed and occupied in either of two cases and no others: acts sufficiently open to put a reasonably diligent owner on notice, or protection by a substantial enclosure. For a claim founded on a written instrument or judgment, § 512 adds a third case, unenclosed land used to supply fuel or fencing timber, and treats the uncleared part of a partly improved farm or lot as occupied along with the improved part. Casual or hidden use that fits none of these categories does not start the clock.

Can a squatter be removed without going to court in New York?

Generally no. RPAPL § 768 forbids self-help removal of an occupant who has lawfully occupied a dwelling for 30 or more consecutive days or who holds a lease, and in practice the owner's route is a court order through an ejectment action or an RPAPL § 713(3) summary proceeding, which exists precisely because a squatter is not a tenant under RPAPL § 711. Changing the locks, removing belongings, or cutting utilities exposes the owner to criminal and civil liability. 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.