My neighbor encroaches on my NY property. How does adverse possession work?

What the Law Says

Under New York law, adverse possession is a statutory defense to ejectment that allows a trespasser to acquire legal title after satisfying five elements for ten consecutive years: (1) hostile (without owner’s permission and inconsistent with the owner’s rights); (2) actual (physical use); (3) open and notorious (visible and obvious to the owner); (4) exclusive (not shared with the owner or public); and (5) continuous (uninterrupted for the full statutory period). RPAPL § 501 codifies these requirements and explicitly states that possession ‘under claim of right’ must be made in good faith — but the Court of Appeals clarified in Walling v. Przybylo (2006) and confirmed in C.P. v. M.M. (2019) that ‘hostile’ means objectively inconsistent with the owner’s title, not subjective animus. Critically, since the 2008 amendment to RPAPL § 501, any use that is permissive (express or implied) or where the possessor knows the land belongs to another automatically defeats an adverse possession claim — eliminating the so-called 'good faith mistake' exception.

Practical Steps

If your neighbor encroaches (e.g., installs a fence, patio, or landscaping over your property line), act promptly: first, obtain a licensed survey to confirm the exact boundary; second, send a written notice (certified mail) demanding removal or cessation of use — this preserves your rights and may prevent the encroachment from ripening into a claim; third, avoid signing any agreement granting permission, as even verbal consent can negate hostility. If the encroachment persists beyond one year, consult a real estate attorney to file a quiet title action or seek injunctive relief in Supreme Court before the 10-year clock runs. Do not wait — under CPLR 212(a), the statute of limitations begins running when the adverse use commences, and New York courts strictly construe all elements against the possessor. Importantly, paying property taxes alone does not satisfy adverse possession requirements in NY, unlike some other states.

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