Adverse Possession as a Cause of Action in New York

Adverse possession is a legal doctrine that allows someone who occupies land they do not own to eventually claim legal ownership under certain conditions. In New York, to succeed on a claim of adverse possession, the person must meet five specific legal elements. These requirements are designed to ensure the use of the land has been substantial, visible, and long-term, giving the true owner enough time to take action if they object.

Hostile and Under a Claim of Right

The term “hostile” in this context does not mean angry or violent. It simply means that the person using the property does so without the permission of the legal owner. It must be done under a “claim of right,” which means the person believes they have a legal right to the land, even if that belief turns out to be mistaken. New York law requires that this belief be reasonable, not fabricated or obviously false.

Actual Possession

Actual possession means that the person physically used the land in a way that a true owner would. For example, building a fence, planting crops, maintaining the property, or using it as a driveway can all show actual possession. Merely walking across the land occasionally is not enough.

Open and Notorious

The use of the property must be open and obvious so that the legal owner has a fair chance to notice and respond. If the occupation is secretive or hidden, it does not qualify. The idea is to give the true owner notice that someone else is acting like the owner and allow time for them to assert their rights.

Exclusive Use

To claim adverse possession, the person must have had control over the land that excludes others, including the rightful owner. Sharing the land with strangers or the owner weakens the claim. The use must demonstrate that the possessor treated the property as their own, without interference.

Continuous for at Least 10 Years

The person must use the property continuously for at least 10 years without significant interruption. Occasional breaks may be acceptable, but abandoning the land or stopping use for long periods resets the clock. The ten-year requirement ensures that only long-term, uninterrupted use leads to ownership.

Conclusion

Adverse possession protects long-term occupants who treat property as their own when the actual owner fails to assert their rights. It is a demanding legal standard that balances the interests of landowners and those who invest time and labor into maintaining land. Each element—hostile use, actual possession, open visibility, exclusivity, and continuity—must be proven to succeed. If any one element is missing, the claim will fail.

Find the Law

“To establish a claim of adverse possession, the occupation of the property must be (1) hostile and under a claim of right (i.e., a reasonable basis for the belief that the subject property belongs to a particular party), (2) actual, (3) open and notorious, (4) exclusive, and (5) continuous for the statutory period (at least 10 years)”. Estate of Becker v. Murtagh, 19 N.Y.3d 75, 81 (N.Y. 2012)