What is the 2008 reform to adverse possession in New York?

What the Law Says

The 2008 reform significantly changed New York’s adverse possession law by introducing objective and subjective elements to prevent opportunistic land grabs. It amended the Real Property Actions and Proceedings Law (RPAPL) and clarified standards for hostile, open, and notorious possession.

Before 2008, New York followed traditional common-law adverse possession rules: continuous, exclusive, open, notorious, and hostile possession for 10 years. The 2008 amendments — effective July 7, 2008 — added statutory definitions and new hurdles.

Most notably, RPAPL § 501 now requires that an adverse possessor's use be 'under claim of right' and, critically, that the possessor 'reasonably believes' they own the property — establishing a 'good faith' component not previously required by statute.

The law also bars adverse possession claims against certain lands, including those held by municipalities or used for public purposes, and imposes heightened evidentiary requirements — such as written documentation — when possession is based on a deed or survey error.

Statutory Text

A person claiming real property under claim of right must have a reasonable basis to believe that he or she owns the property.

— RPAPL § 501(1) — Definition of claim of right

Statutory Text

No person may acquire title to real property by adverse possession unless the person has maintained actual, open, notorious, exclusive, and hostile possession… for a period of ten years.

— RPAPL § 501(2) — Duration and character of possession

Statutory Text

The court shall consider whether the possessor had a reasonable basis to believe in ownership, including reliance on a deed, survey, or other written instrument.

— RPAPL § 501(3) — Good faith inquiry

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