Adverse Possession in New York
State-specific overview · Property & Real Estate
New York requires 10 years of open, exclusive occupation, and the possessor must pay property taxes during that period.
How New York treats Adverse Possession
An adverse possessor in New York must occupy the land continuously and exclusively for 10 years while acting as the true owner would. Critically, New York law generally requires the adverse possessor to pay property taxes on the disputed land throughout the 10-year period, or at least demonstrate a good-faith attempt to do so. The occupation must be open and notorious so that a reasonable owner would notice the possession. Courts look at whether the possessor enclosed the land, made substantial improvements, or otherwise manifested ownership.
The general definition of Adverse Possession
Gaining legal ownership of land by occupying it openly and continuously for a set period.
If someone uses another person's land openly, without permission, and continuously for many years (typically 7–21 years depending on the state), they may eventually become the legal owner. The original owner must not have stopped them during that time. This doctrine rewards people who improve and maintain land while punishing owners who abandon or ignore their property.
Read the full Adverse Possession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.