US-New YorkCan I claim adverse possession of someone else's property in New York?
Yes, but only if you openly, continuously, and exclusively occupy the property for at least 10 years without the owner’s permission and meet all legal requirements.
What the Law Says
New York law sets strict conditions for claiming ownership of someone else’s land through adverse possession. The burden is on the claimant to prove every element by clear and convincing evidence.
To succeed in an adverse possession claim in New York, you must show that your use of the property was (1) hostile (without the owner’s permission), (2) actual (you physically used it), (3) open and notorious (obvious to anyone, including the owner), (4) exclusive (no one else — especially not the true owner — shared possession), and (5) continuous for the full statutory period.
Before 2008, New York followed a more lenient standard. But the 2008 amendment to the Real Property Actions and Proceedings Law (RPAPL) tightened the rules — especially for properties with fences, hedges, or other boundary markers.
The law now requires that adverse possession cannot be claimed against certain types of land, like registered land under the Real Property Law Article 12-A, and places extra emphasis on 'hostile' use — meaning you must intend to claim the land as your own, not merely use it by mistake or with implied consent.
Statutory TextNo person may acquire title to real property by adverse possession unless such person has maintained actual, open, notorious, exclusive, and continuous possession of the property for a period of ten years.
— RPAPL § 501 — Adverse possession generally
Statutory TextFor the purpose of acquiring title by adverse possession, the possession must be hostile and under claim of right, and must be of such character as to constitute reasonable notice to the owner of the property that the possessor is claiming title thereto.
— RPAPL § 502 — Meaning of hostile possession
What Courts Have Said
New York courts have consistently held that adverse possession is disfavored and strictly construed. Recent rulings emphasize the need for clear proof of hostility and exclusivity.
The court rejected an adverse possession claim where the claimant had mowed the lawn and planted shrubs but never excluded the owner or asserted dominion — use was deemed permissive, not hostile.
Court affirmed dismissal because the claimant’s use overlapped with the owner’s access and lacked exclusivity — even 12 years of use was insufficient without proof of ouster.
What to Do
Confirm the property is not government-owned, tax-exempt, or registered under NY Real Property Law Article 12-A.
Document your use thoroughly: photos, witness statements, maintenance records, and evidence you treated the land as your own for at least 10 full years.
File a quiet title action in Supreme Court (not local court) — you must prove all elements by clear and convincing evidence.
Be prepared to rebut any evidence of owner permission (e.g., verbal consent, shared use, or prior written agreement).
Consult a New York real estate attorney before filing — courts rarely grant adverse possession claims, and mistakes can trigger counterclaims for trespass or damages.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.