Squatters Rights: Adverse Possession and Eviction Guide

New York's adverse possession laws are governed by RPAPL Article 5, specifically Sections 501 through 543. Under these provisions, a person who occupies real property without authorization may file a quiet title action to obtain legal ownership after satisfying specific statutory requirements. The 2008 amendments to RPAPL significantly reformed these standards by adding a "claim of right" requirement, which was enacted primarily to reverse the Court of Appeals ruling in Walling v. Prysbylo. After this reform, no claimant may succeed without demonstrating a reasonable basis for the belief that the property belongs to them. Courts apply the "HOACON" test, evaluating whether the occupation was hostile, open and notorious, actual, continuous, and exclusive.

It is important to distinguish squatters from ordinary trespassers. A trespasser enters property without permission but does not intend to remain permanently or claim ownership, while a squatter takes up residence with the intent to treat the property as their own. Under New York Penal Law Sections 140.05 through 140.17, criminal trespass remains a prosecutable offense. However, once an occupant has resided in a property for more than 30 days, removal requires a formal judicial proceeding rather than a simple police action. This distinction creates a legal gray area that demands prompt attention from property owners who suspect unauthorized occupation.

Under RPAPL Section 501, the standard adverse possession period in New York is 10 consecutive years of uninterrupted occupation. Even a brief absence can reset the clock entirely, requiring the occupant to restart the process from the beginning. Color of title ( a document that appears to grant ownership but is legally defective ) is not strictly required in every case, but possessing such a document strengthens the claimant's position. Although New York does not mandate property tax payment as an absolute condition for squatters rights, consistent tax payments serve as powerful evidence that the occupant intended to act as the true owner. Courts also consider whether the squatter maintained the property and made meaningful improvements when evaluating the legitimacy of a claim.

Each element of the HOACON test carries specific meaning under New York law. "Hostile" means the occupation occurred without the owner's consent, not that violence was involved. "Open and notorious" requires that the occupant's presence be visible and obvious to anyone, including the true owner. "Actual" mandates physical presence and genuine use of the property — the 2008 amendments clarified under RPAPL Section 512 that merely mowing a lawn or planting flowers does not qualify. The claimant must demonstrate meaningful cultivation, improvement, or the installation of a substantial enclosure. "Continuous" demands unbroken residency for the full 10-year statutory period, and "exclusive" means the squatter cannot share the property with the owner or the general public.

The eviction process begins with serving the unauthorized occupant a 10-day Notice to Quit under RPAPL Section 713. If the squatter does not vacate within that period, the property owner must file a summary proceeding in the appropriate court to recover possession. After the lawsuit is filed and served, the squatter has 10 days to respond, and a court hearing follows. If the judge rules in favor of the owner, a Warrant of Eviction is issued, and the local sheriff's office coordinates the physical removal. For more complex disputes where the squatter asserts an adverse possession defense, an ejectment action may be necessary. Property owners dealing with housing disputes should consult with an attorney as soon as a squatter is discovered, because delays can inadvertently strengthen the occupant's claim.

In situations where a squatter has already filed an adverse possession claim, property owners can challenge it by bringing a quiet title action in the Supreme Court of the county where the property is located. This proceeding requires the owner to present evidence of valid title and demonstrate that the squatter failed to satisfy one or more elements of the HOACON test. Documentary evidence such as deeds, tax records, photographs of property inspections, and witness testimony all play a role. An experienced real estate litigation attorney can guide owners through this process and help ensure that ownership rights are definitively restored.

The single most effective defense against squatters rights is consistent monitoring. Property owners should physically inspect vacant or unoccupied properties at least once every few weeks. Installing security cameras, motion-sensor lighting, and alarm systems serves as both a deterrent and a source of evidence if unauthorized entry occurs. Clearly posting "No Trespassing" signs and maintaining visible boundary markers reinforce the owner's intent to control access. For owners who manage properties in multiple locations or have inherited real estate they do not visit frequently, hiring a property management company is a worthwhile investment.

Beyond physical measures, property owners should maintain current title records, keep property tax payments up to date, and document every visit and maintenance activity performed on the property. Written permission agreements with any individuals allowed to use the property are crucial, because permissive use cannot form the basis of an adverse possession claim. If an unauthorized occupant is discovered, documenting the date of discovery and promptly serving a notice to vacate creates a clear record that interrupts the statutory clock. Owners should also review their landlord tenant law obligations and consult legal counsel immediately upon suspecting unauthorized occupation. Taking these steps ensures that no claimant can build a credible case under New York's real estate laws.