It may seem counterintuitive, but in New York, an individual can lawfully obtain ownership of real property through a legal doctrine called adverse possession. This process unfolds over a substantial period and requires strict compliance with statutory criteria.
Understanding adverse possession
Adverse possession permits a person to gain legal title to land through open and continuous use without the consent of the actual owner. To meet the legal threshold, the occupation must be hostile, actual, open and notorious, exclusive, and uninterrupted for a minimum of ten years. These elements collectively demonstrate a claim of ownership that is visible, consistent, and without concealment.
What counts as “hostile” use?
The term “hostile” in this context refers to use without the owner’s permission, not to conflict or aggression. An example might include constructing a fence that slightly extends beyond the property line and maintaining the area as if it were yours. The use must signal an apparent claim of ownership inconsistent with the true owner’s rights.
Requirements to make a claim
The claimant must demonstrate physical presence through acts such as maintenance, improvement, or consistent use. The activity should be obvious enough to alert the legal owner, who then has the opportunity to contest the use. If the owner remains inactive for ten years, the claimant may initiate legal proceedings to secure title. However, occasional access or casual use—like walking across the land—does not establish a valid claim.
What to do if you’re affected
Property owners should remain vigilant. If you detect unauthorized use, take immediate action by erecting barriers, posting signage, or directly addressing the trespasser. These steps can effectively interrupt the continuity requirement. Timely intervention is key to protecting your rights.
Keep your property secure
While adverse possession provides a path to ownership through sustained use, it also incentivizes diligent property oversight. If land is treated as personal property for a decade without owner objection, the claimant could obtain legal title. Proactive boundary monitoring helps safeguard your holdings from unintended loss.
