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New York · Through 2026-09-11

N.Y. Real Property Actions & Proceedings Law § 501: Adverse possession; defined

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Where this section sits in the code
  1. Real Property Actions & Proceedings Law
  2. Article 5. Adverse Possession

§ 501. Adverse possession; defined. For the purposes of this article:

1. Adverse possessor. A person or entity is an "adverse possessor" of

real property when the person or entity occupies real property of

another person or entity with or without knowledge of the other's

superior ownership rights, in a manner that would give the owner a cause

of action for ejectment.

2. Acquisition of title. An adverse possessor gains title to the

occupied real property upon the expiration of the statute of limitations

for an action to recover real property pursuant to subdivision (a) of

section two hundred twelve of the civil practice law and rules, provided

that the occupancy, as described in sections five hundred twelve and

five hundred twenty-two of this article, has been adverse, under claim

of right, open and notorious, continuous, exclusive, and actual.

3. Claim of right. A claim of right means a reasonable basis for the

belief that the property belongs to the adverse possessor or property

owner, as the case may be. Notwithstanding any other provision of this

article, claim of right shall not be required if the owner or owners of

the real property throughout the statutory period cannot be ascertained

in the records of the county clerk, or the register of the county, of

the county where such real property is situated, and located by

reasonable means.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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