New York Squatters’ Rights & Adverse Possession Laws - 2025

When I first started managing rental properties in New York, I never imagined I would have to deal with squatters. Then I got a call about a vacant property in Queens where someone had broken the lock and moved in furniture. That experience taught me more about adverse possession laws than any textbook ever could and it cost me thousands in legal fees.

If you own property in New York, understanding squatters' rights is not optional anymore. The state has some of the most complex adverse possession statutes in the country and getting caught unprepared can mean losing your property entirely.

What Makes New York Different

New York's adverse possession laws fall under New York Real Property Actions and Proceedings Law (RPAPL) Article 5 and they are surprisingly permissive compared to many states. Under certain conditions, someone occupying your property without permission can actually claim legal ownership.

The timeline depends on the property's status

• 10 years for properties with a clear, identifiable owner on record
• 30 years for properties deemed abandoned with no traceable owner

Compare that to New Jersey's 60 year requirement or even Connecticut's 15 years and you will see why New York property owners need to stay vigilant.

Who Legally Qualifies as a Squatter?

This is where things get confusing for a lot of landlords. A squatter is not the same as a trespasser and they are definitely not the same as a tenant.

According to New York property law, a squatter must:

1. Occupy the property without the owner's permission
2. Live there continuously for the statutory period of 10 or 30 years
3. Use the property as their primary residence
4. Make improvements or maintain the property
5. Pay property taxes during the occupation period

The "continuous" part trips up many squatters. If they leave for any significant period, the clock resets entirely. But here's what worries me as a property manager: 10 years isn't that long, especially if you've inherited property or own real estate in multiple states.

The Adverse Possession Requirements: More Than Just Moving In

New York courts apply the "HOACON" test for adverse possession claims. The occupation must be:

Hostile – Without the owner's permission (though not necessarily aggressive)
Open and Notorious – Visible and obvious, not hidden
Actual – Physical presence and use of the property
Continuous – Uninterrupted for the full statutory period
Exclusive – Not shared with the owner or public

The property tax requirement is particularly important. Many squatters don't realize they need to actually pay taxes—not just occupy the property. New York courts have consistently ruled that tax payment demonstrates the squatter is acting as the true owner would.

I have seen squatters make improvements like:

• Fixing broken windows and structural damage
• Laying out gardens while keeping lawns tidy
• Upgrading electrical or plumbing systems
• Fixing up old areas or putting in new ones

These improvements strengthen their legal claim by showing investment in the property.

How Squatters Can Actually Win Ownership

This is the part that keeps property owners up at night. If squatters meet every requirement for the full time period, they can file what's called a "quiet title action" in court. If successful, they become the legal owner—and you lose all rights to your property.

The process typically involves:

1. Filing a lawsuit in the appropriate New York court
2. Providing evidence of continuous occupation
3. Showing proof of property tax payments
4. Demonstrating improvements and maintenance
5. Proving all HOACON elements

I have watched this happen to a landlord who inherited property upstate and only checked on it once every few years. By the time he realized squatters had moved in they had been there for 11 years and had documentation to back up their claim.

Regional Variations Within New York

One thing that surprises many people is adverse possession requirements vary within New York State.

New York City. Under the New York City Administrative Code, the requirement is 10 years of continuous occupation with property tax payment. The shorter timeline reflects New York City's ongoing housing challenges and the frequency of squatting cases.

Long Island and Westchester County. Most municipalities follow the state's standard 30 year requirement for abandoned properties. However, some areas, like Mount Vernon, have reduced this to 15 years through local ordinances.

Upstate Rural Areas: Typically stick to the 30-year plan, though checks might slip because there are fewer people around also, tools and staff run short now and then.

Check what your local town rules say every time. Tools such as Hemlane let you follow how each place is doing, no matter where it is also send warnings if a unit sits empty, which matters a lot when handling rentals spread through various parts of New York.

Protecting Your Property: Practical Prevention

After dealing with my own squatter situation, I developed a system that has saved me from future headaches:

Secure Every Entry Point

• Install high quality deadbolts on all doors
• Secure windows with locks or bars on ground level access points
• Lock gates, basement entries and any crawl spaces
• Consider an alarm system for vacant properties

Post Clear Signage

"No Trespassing" signs are not just for show. Under New York Penal Law § 140.05 posted signage establishes that entry is unauthorized which strengthens your legal position if you need to involve law enforcement.

Maintain Regular Inspections

I recommend checking vacant properties at least twice monthly. Look for the following

• Signs of forced entry or tampering with locks
• Unfamiliar vehicles are regularly parked nearby
• Lights on at unusual times
• New belongings or furniture visible through windows
• Utility usage if you're monitoring meters

Never Let Property Taxes Lapse

This is critical. If taxes go unpaid, the property moves closer to "abandoned" status under New York law making adverse possession claims easier. Set up automatic payments or calendar reminders and whatever ensures taxes get paid on time.

Modern property management platforms like Hemlane offer maintenance tracking and can send automated reminders for property inspections and tax deadlines. When you are managing multiple properties these systems prevent the kind of oversight that leads to squatter problems.

The Legal Eviction Process: Don't Try Self-Help

This is where many property owners make expensive mistakes. You cannot just change the locks or physically remove squatters yourself. That's illegal in New York and can result in serious legal consequences for you.

Step 1: Serve Proper Notice

The notice period depends on the situation

• 10 days for properties with an active lease or rental agreement
• 30 days for occupation lasting more than 30 days without a lease
• 10 days for occupation of less than 30 days

The notice must be properly served typically by a process server or law enforcement officer who hands it directly to the occupant.

Step 2: File an Eviction Lawsuit

If squatters do not leave after receiving notice, you must file a petition with the appropriate court. This is usually handled in housing court for residential properties.

Bring documentation:

• Property deed showing your ownership
• Proof of service for the notice
• Photos showing unauthorized occupation
• Any police reports filed
• Evidence that you did not permit occupancy

Step 3: Obtain a Court Order

Both sides present their case at a hearing. If the judge rules in your favor, they will issue an eviction order with a specific deadline for the squatters to vacate.

Step 4: Law Enforcement Removal

If squatters still refuse to leave, the local sheriff's department can forcibly remove them. This is the only legal way to evict squatters in New York. Attempting to do it yourself risks assault charges or civil lawsuits.

The entire process typically takes 30 to 90 days, though complex cases can stretch longer. Having organized documentation is crucial. This is another area where property management software proves valuable, as platforms like Hemlane let you store lease documents, communications and inspection photos in one secure location that is easily accessible when you need evidence for court.

Squatters vs. Tenants: Why the Distinction Matters

The legal difference between squatters and tenants is enormous and it affects how quickly you can regain possession of your property.

Tenants have

• A valid lease or rental agreement
• Legal right to occupy the property
• Protections under New York's rent regulations and tenant rights laws
• Right to proper notice before eviction
• Right to a formal eviction proceeding with due process

Squatters have:

• No legal agreement or permission
• No right to occupy unless they achieve adverse possession
• Limited legal protections
• No right to due process in removal (beyond basic notice requirements)

This is the practical impact. Evicting a tenant can take 3 to 6 months or longer in New York especially in NYC where tenant protections are strong. Removing a squatter while still requiring legal process is typically much faster often 30 to 60 days.

The complication comes when squatters claim they are actually tenants. If they have any documentation suggesting permission to be there even a fake lease, you may need to treat them as tenants and go through the full eviction process. This is why it's critical not to accept rent from squatters as that can create an implied tenancy.

What Law Enforcement Can (and Can't) Do

Many property owners call the police first when they discover squatters. The response you will get depends on the circumstances.

Police can immediately remove squatters if

• You have clear documentation of recent unauthorized entry
• The occupation is obviously very recent (hours or days, not weeks)
• There's evidence of criminal trespass or breaking and entering
• The squatters have no documentation suggesting permission

Police typically cannot remove squatters if:

• They've established any appearance of residency (mail, belongings, utilities)
• They claim to have permission or produce any documentation
• The occupation has lasted more than a few days
• There's any ambiguity about their legal status

In my experience, police departments in New York are extremely hesitant to remove occupants without a court order. They do not want to be in the middle of what might be a landlord-tenant dispute. This means you will usually need to go through the formal eviction process.

However, law enforcement does play important roles

• Documenting trespassing with police reports
• Serving eviction notices
• Keeping the peace during court-ordered evictions
• Arresting squatters who become violent or threatening
• Preventing reentry after a legal eviction

After Eviction: Preventing Re-Occupation

Getting squatters out is only half the battle and preventing them from returning requires immediate action.

Immediate steps (within 24 hours):

• Change every lock including all doors, windows and gates
• Install deadbolts and consider smart locks that alert you to tampering
• Repair any damage to doors, windows or other entry points
• Set up motion activated security cameras at all entrances
• Document the property's condition with dated photos

Ongoing prevention:

• Visit the property weekly for the first month and then bi-weekly
• Ask neighbors to report suspicious activity
• Consider hiring a property sitter for long term vacancies
• Keep utilities in your name but at minimal service levels
• Maintain the exterior so the property does not look abandoned

Landlords juggling several rentals often struggle to handle chores by hand because it is just too much. That is why tools like property management apps make life easier. With Hemlane, setting up routine checkups is smooth it logs completion dates while saving photos without extra steps. If someone nearby spots something odd, round-the-clock support ensures you are alerted fast, no waiting around for ages.

Comparing New York to Neighboring States

Understanding how New York stacks up helps put the risk in perspective

New Jersey- A 60-year continuous occupation requirement is one of the strictest in the nation. Combined with requiring squatters to have 'reasonable belief' that they own the property adverse possession is extremely rare.

Connecticut- A 15-year continuous occupation, with the clock resetting if the owner makes any effort to eject the squatter or lists the property for sale. More moderate than New York.

Pennsylvania- Only 10 years of continuous occupation required, with no requirement to pay property taxes. More permissive than New York in some ways.

Massachusetts- A 20-year requirement, but similar to Connecticut, any ejection attempt by the owner resets the timeline. This makes adverse possession harder to achieve than in New York.

New York falls somewhere in the middle not as permissive as Pennsylvania, but significantly more vulnerable to adverse possession claims than New Jersey. The 10-year timeline for properties with identifiable owners is relatively short making vigilance essential.

The Bottom Line for Property Owners

This is what two decades of property management in New York has taught me: adverse possession is rare but it happens often enough that every property owner needs a prevention strategy.

The landlords who lose property to squatters typically share these characteristics

• Own vacant or abandoned buildings they rarely check
• Have properties in multiple states or countries
• Don't maintain basic security measures
• Let property taxes lapse
• Fail to respond quickly when trespassing occurs

The landlords who successfully protect their properties do these things consistently

• Inspect vacant properties regularly at least monthly
• Maintain security measures and respond to any breaches immediately
• Stay current on property taxes and other financial obligations
• Document everything. Inspections, maintenance and any signs of trespassing
• Build relationships with neighbors who can alert you to problems
• Use systems and tools that help them stay organized

Whether you choose property management software like Hemlane, hire a local property manager, or manage everything yourself, having a system is what matters. New York's adverse possession laws are complex, but they're not impossible to navigate if you stay proactive.

The worst thing you can do is assume your vacant property will be fine because "squatting doesn't really happen." It does happen, and when it does, the legal and financial consequences can be devastating. Take the preventive measures now, before you're facing a 10-year adverse possession claim in court.

Key Takeaways

• New York requires 10 years of continuous occupation for properties with record owners, 30 years for abandoned properties
• Squatters must meet the HOACON test and pay property taxes throughout the occupation period
• Regional variations exist—NYC has a 10-year requirement, while many suburban areas require 30 years
• Prevention is critical: secure properties, inspect regularly, maintain tax payments, and post clear signage
• The legal eviction process requires proper notice, court filings, and law enforcement assistance—never attempt self-help eviction
• Squatters have far fewer rights than tenants, making removal faster once you follow proper procedures
• Documentation and organization are your best defenses against adverse possession claims

Resources:

• New York Real Property Actions and Proceedings Law Article 5 - Official adverse possession statutes
• New York Penal Law § 140.05 - Trespass law
• NYC Administrative Code - New York City-specific requirements
• New York Division of Housing and Community Renewal - Tenant and landlord resources