US-New YorkWhat are the requirements for adverse possession in New York?
To claim adverse possession in New York, you must openly, notoriously, exclusively, continuously, and hostilely possess the land for 10 years without the owner's permission.
What the Law Says
New York law sets strict requirements for acquiring title to land through adverse possession. The claimant must meet five factual elements for a full 10-year period.
Adverse possession is a legal doctrine that allows someone who is not the record owner to gain legal title to real property by using it openly and continuously for a set period — in New York, that period is 10 years.
The use must be: (1) open and notorious (visible to anyone, including the true owner); (2) exclusive (no sharing with the owner or others); (3) continuous (uninterrupted for the full 10 years); (4) hostile (without the owner’s permission and inconsistent with the owner’s rights); and (5) under claim of right (believing in good faith they own it or have a right to it).
Statutory TextNo person may acquire title to real property by adverse possession unless such person has maintained actual, open, notorious, exclusive, hostile and continuous possession of such property for a period of ten years.
— Real Property Actions and Proceedings Law § 501 — Adverse possession; elements
Statutory TextPossession is hostile when it is under a claim of right, made in good faith, and without license or permission from the owner.
— Real Property Actions and Proceedings Law § 501 — Adverse possession; elements
What Courts Have Said
New York courts consistently emphasize that all five elements must be proven clearly and convincingly — and that mere use or occupancy is not enough.
The court rejected an adverse possession claim where the claimant used the land only seasonally and shared access with the owner — failing exclusivity and continuity.
The Court of Appeals reaffirmed that 'hostile' does not mean aggressive, but rather means use inconsistent with the owner’s rights and without permission.
What to Do
Document your use of the land (photos, witness statements, maintenance records) for the full 10-year period.
Ensure your use is open, exclusive, and uninterrupted — no leasing, sharing, or permission from the owner.
File a quiet title action in Supreme Court after 10 years to legally confirm ownership.
Consult a New York real estate attorney before relying on adverse possession — courts apply the rules strictly.
Sources
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JapanNot 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.