New York
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 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 any occupant who has lived in a dwelling unit for 30 or more consecutive days, even without a lease. That 30-day mark triggers procedural protections against forced removal without a court order. Whether a 30-day unauthorized occupant also acquires the full rights of a tenant under New York's Real Property Law 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.
New York Squatters Rights FAQ
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?
After 30 consecutive days of occupancy in a dwelling unit, an unauthorized occupant gains procedural protection against self-help eviction under RPAPL § 768, meaning the owner must go to court rather than change the locks or remove belongings. Whether that occupant acquires the full legal rights of a tenant under New York landlord-tenant statutes is a separate question that turns 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 unauthorized occupant has been in a dwelling for 30 or more consecutive days, RPAPL § 768 forbids self-help removal. The owner must obtain a court order through an ejectment action or an RPAPL § 713 summary proceeding. 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.
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