Squatter Laws NYC : Contract Drafting and Property Rights

New York's adverse possession statute requires that an occupant's possession be actual, open, notorious, exclusive, and continuous for the full ten year period. The burden of proof rests with the person claiming adverse possession, and the property owner may interrupt the adverse possession clock by taking legal action or obtaining acknowledgment of the owner's superior title. Courts in New York City strictly interpret these requirements, and property owners who maintain clear documentation of ownership and periodically inspect their properties are better positioned to defend against adverse possession claims. Additionally, well-drafted property agreements and lease contracts can establish the legal relationship between owners and occupants, thereby preventing any future adverse possession arguments.

Property owners should maintain detailed records of their ownership, property taxes, insurance payments, and any communications with occupants. Creating clear written agreements through professional contract drafting services ensures that any authorized occupancy is explicitly documented as permissive rather than adverse. When a property owner allows someone to occupy their property, a written lease or license agreement should specify that possession is temporary and revocable at the owner's discretion. Our firm offers comprehensive contract drafting and review services to help property owners establish clear legal documentation that protects their rights and prevents adverse possession claims.

In Queens, property owners file ejectment actions in the Civil Court of the City of New York, Queens County, or the Supreme Court depending on the claim amount and circumstances. The Queens Criminal Court handles criminal trespass cases, while civil courts address property possession disputes. The Civil Court in Queens operates under specific rules regarding service of process, notice requirements, and trial procedures outlined in the New York Civil Practice Law and Rules. Property owners must comply with all procedural requirements, including proper service of the eviction notice and summons, or risk dismissal of their case. Understanding these local procedural nuances is critical for successfully removing squatters and protecting property rights in the Queens area.

New York law requires property owners to provide specific written notice before filing an ejectment action. For trespassers or unauthorized occupants, property owners must typically provide a notice to vacate, though the exact notice period depends on the circumstances. After providing proper notice, if the occupant does not vacate, the property owner may file a summary proceeding in Civil Court. The defendant then has an opportunity to respond, and the case proceeds to trial if no settlement is reached. Throughout this process, maintaining detailed records and clear documentation of your ownership and the unauthorized nature of the occupancy strengthens your legal position significantly.

A properly drafted lease agreement establishes a landlord-tenant relationship and provides the property owner with statutory remedies for non-payment or breach. Alternatively, a license agreement may be more appropriate for temporary occupancy, as it explicitly reserves the property owner's right to revoke permission at any time. The distinction between a lease and a license is crucial in New York law, as it affects the eviction process and available remedies. Our firm provides professional contract drafting and review services to ensure your occupancy agreements clearly establish the legal relationship and protect your property rights. Whether you need a residential lease, commercial agreement, or temporary license arrangement, we can draft documents that comply with New York law and your specific needs.

Property owners may also consider recording a notice of occupancy or other protective documents in the county clerk's office to establish their superior claim to the property. While not all such documents are recordable, working with an experienced attorney to explore available options can provide additional protection. Maintaining clear title insurance and periodically reviewing your property's title status ensures that no adverse claims have been filed against your property. These proactive steps, combined with proper contract documentation for any authorized occupancy, create multiple layers of legal protection against squatter claims.

Beyond removing the occupant, property owners may recover damages for lost rent, property damage, maintenance costs, and other harm caused by the unauthorized occupancy. The amount of damages available depends on the specific circumstances and the evidence presented at trial. In cases involving deliberate or malicious occupation, courts may award additional damages or attorney's fees. Proper documentation of all costs and damages from the beginning of the unauthorized occupancy strengthens your claim for full compensation.

Property owners should seek legal assistance as soon as they discover unauthorized occupancy or suspect potential adverse possession claims. Early intervention allows attorneys to assess the situation, identify available remedies, and take steps to interrupt any adverse possession clock before the ten year period expires. Additionally, if you are entering into any agreements with occupants, having an attorney draft or review the contract ensures compliance with New York law and protects your interests. The cost of professional legal assistance is minimal compared to the potential loss of property or the expenses associated with prolonged litigation.