§ 501 — Adverse possession; defined

New York § 501

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 5: Adverse Possession

Text

§ 501. Adverse possession; defined. For the purposes of this article:\n 1. Adverse possessor. A person or entity is an "adverse possessor" of\nreal property when the person or entity occupies real property of\nanother person or entity with or without knowledge of the other's\nsuperior ownership rights, in a manner that would give the owner a cause\nof action for ejectment.\n 2. Acquisition of title. An adverse possessor gains title to the\noccupied real property upon the expiration of the statute of limitations\nfor an action to recover real property pursuant to subdivision (a) of\nsection two hundred twelve of the civil practice law and rules, provided\nthat the occupancy, as described in sections five hundred twelve and\nfive hundred twenty-two of this article, has been adverse, under claim\nof right, open and notorious, continuous, exclusive, and actual.\n 3. Claim of right. A claim of right means a reasonable basis for the\nbelief that the property belongs to the adverse possessor or property\nowner, as the case may be. Notwithstanding any other provision of this\narticle, claim of right shall not be required if the owner or owners of\nthe real property throughout the statutory period cannot be ascertained\nin the records of the county clerk, or the register of the county, of\nthe county where such real property is situated, and located by\nreasonable means.\n