US-New YorkCan my neighbor's fence on my property eventually become theirs?
Yes, under New York law, your neighbor’s fence on your property could become theirs through adverse possession — but only if they openly, continuously, and exclusively use the land for at least 10 years, with intent to claim it as their own.
What the Law Says
New York law allows someone to gain legal ownership of land they don’t own — including land with a fence built by a neighbor — through a legal doctrine called adverse possession.
To succeed in an adverse possession claim in New York, the person must show they used the land in a way that is: (1) hostile (without permission and with claim of right), (2) actual (physically using the land), (3) open and notorious (visible and obvious to anyone, including the true owner), (4) exclusive (no shared use with the owner or others), and (5) continuous for the full statutory period.
Before 2008, New York required only 10 years of such use. But the law changed: for adverse possession claims involving fences, hedges, shrubbery, or non-structural encroachments, the user must now also show 'clear and convincing evidence' that they believed the land was theirs — and that their use was not merely permissive or mistaken.
The key statute is Real Property Actions and Proceedings Law (RPAPL) § 501, which sets the 10-year period, and RPAPL § 543, which added stricter requirements for encroachments like fences after the 2008 amendment.
Statutory TextNo person may recover possession of real property… unless he or she has remained in the possession of such real property, or of some part thereof, for ten years.
— RPAPL § 501 — Ten-year limitation
Statutory TextWhere the claim of title is based upon a fence, hedge, shrubbery or non-structural enclosure… the claimant must establish… that the use was under a claim of right made in good faith… and that the claimant had a reasonable basis to believe that the land so enclosed was his or her own.
— RPAPL § 543 — Encroachments; additional requirements
What Courts Have Said
New York courts have strictly applied the post-2008 rules — especially for fence-related claims — requiring strong proof of good-faith belief and hostile intent.
Court rejected adverse possession claim for a fence encroachment because the claimant offered no evidence of good-faith belief the land was theirs — mere long-term use wasn’t enough under RPAPL § 543.
Confirmed that RPAPL § 543 imposes a heightened burden for encroachments, requiring clear and convincing evidence of both claim of right and reasonable belief in ownership.
What to Do
Check property surveys or deeds to confirm the fence’s location relative to the true boundary.
If the fence is on your land, act promptly — send a written notice to your neighbor stating your ownership and requesting removal or relocation.
Document everything: take dated photos, save survey reports, and keep records of any communications.
Consult a New York real estate attorney before the 10-year mark — litigation must be filed to quiet title before the adverse possessor gains legal rights.
Do not give verbal or written permission for the fence to remain — doing so defeats the 'hostile' requirement.
Sources
Same Question, Other Jurisdictions
Canada
US-CaliforniaNot 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.