Adverse Possession NY: A Guide for Property Owners

In New York, squatters can gain legal rights to live in a property after occupying it for a certain period of time. This is known as adverse possession, and it's a surprising and concerning reality for property owners. Imagine discovering that unwanted people have moved into your property without your knowledge or consent.

Even more alarming is the fact that these squatters could potentially gain legal rights to stay there, making it a lengthy and costly process to remove them.

Squatting is a frequently misunderstood aspect of real estate law. This guide will help you understand everything you need to know about the state of New York squatters' rights and adverse possession laws.

We'll cover real estate property claims, what gives squatters legal rights, the steps to remove them properly, and how to prevent them from taking up residence in the first place.

Who are squatters?

Squatters are people who occupy a property without the owner's permission, consent, or the legal right to do so. This situation can happen intentionally or unintentionally. Common scenarios that qualify as squatting include:

Intentional squatting

Intentional squatting involves gaining unauthorized entry to a vacant, abandoned, or foreclosed property and residing there without the owner’s permission. For example, a person might break into an empty house and start living there without the owner’s knowledge or consent.

Intentional squatters may engage in 'claiming adverse possession' by meeting specific legal requirements, including the occupation of the property without the owner's consent, which may involve paying property taxes on the land they intend to claim.

It’s important for rental property owners to recognize that a renter who remains on the property after the lease term has ended does not qualify as a squatter. Such individuals are termed holdover tenants. They are originally a legal tenant and no longer pay rent and live in the unit without the landlord’s consent.

Unintentional squatting

Unintentional squatting can occur when someone initially enters a property with permission but then remains there beyond the agreed-upon timeframe without continued consent from the owner. For example, an individual might have permission to stay in a friend’s apartment for a month, but then they continue to live there for several months without securing ongoing approval from either the friend or the landlord.

Another scenario of unintentional squatting involves boundary disputes, where a person might mistakenly believe they have legal rights to a portion of land that actually belongs to someone else. Based on this belief, they could erect structures like fences or sheds, encroaching on property that is not legally theirs.

Is squatting different from trespassing?

Yes, squatting and trespassing are different. Trespassing is always illegal, as it involves entering someone else's property without permission.

If you trespass, the owner can immediately call the police to have you removed as a criminal violator. Squatting initially starts as a civil matter between the squatter and the property owner. Squatters seek to claim legal possession of abandoned properties through specific laws. If they meet certain criteria and follow the required legal processes, a squatter can potentially gain ownership rights to the property.

Why do squatters have rights?

Squatters have rights in New York under the legal principle of adverse possession. This allows individuals who openly occupy and maintain a property for a specific period to potentially gain legal ownership, even if they initially entered illegally.

The state of New York created adverse possession laws to seek productive use of land, prevent neglect by owners, and promote efficient land use. These laws also help resolve ownership disputes when the original property owners are absent or neglectful for an extended period while a squatter maintains the property.

Squatters' rights in New York

To make a successful adverse possession claim in New York, a squatter must meet the following requirements:

Open and notorious possession

The squatter's occupation of the property can't be a secret or hidden from the owner or the public. Their presence and use of the property have to be open, visible, and obvious to anyone who might take notice.

Hostile possession

The squatter cannot have the owner's permission to be on the property through a rental, lease agreement, or other arrangements. Their possession must be "hostile" to the rights of the true property's owner.

• Awareness of trespassing: The squatter must be aware that they are trespassing and occupying the property without the owner's permission.
• Simple occupation: Just being present on the property isn't enough. The squatter has to treat the property as if it's their own. They need to take reasonable steps to maintain and improve it. This could involve repairs, landscaping, or even making renovations.
• Good faith mistake: In some cases, a squatter might have a genuine, good-faith belief that they have a legal right to be on the property, maybe due to an invalid deed or some other mistake. This could help their claim as long as they still meet the other requirements.

Continuous possession

They need to maintain a continuous presence on the property for the entire statutory period required by New York law, which is 10 years for residential properties and 20 years for vacant land.

Exclusive possession

During their time as squatters, they must have exclusive possession and control over the property. They can't be sharing it with the true owner or anyone else.

Actual possession

The squatter needs to have actual physical possession and control of the property. Simply claiming ownership without actually occupying and using the land is not enough. They have to treat it as their own, living on or actively using the property in a way that shows their possession.

Color of title

A squatter must also show proof of color of title. Color of title means that the squatter has a document or deed that appears to give them legal ownership of the property, even if the document is invalid or defective. This could be a faulty deed, an incorrect property description, or a document from someone who didn't actually have the right to transfer ownership.

Payment of property taxes

While occupying the property, squatters must pay the property taxes for a period of 10 years. This consistent payment demonstrates their claim to ownership and is essential in supporting their case for adverse possession.

How does a squatter claim squatters' rights in New York?

If a squatter has fulfilled the requirements for the state of New York squatter’s rights, they can make an adverse possession claim. This process includes:

Quiet title action

A legal process that allows a squatter to claim the right of possession and ownership of a property through adverse possession. To succeed in a quiet title action, a squatter must prove they have fulfilled the specific requirements set by New York law.

Evidence gathering

To support their claim, squatters must collect various pieces of evidence, such as:

• Mail addressed to the property in their name.
• Receipts proving that they pay property taxes.
• Evidence that they've maintained or improved the property.

Filing a complaint

After gathering enough evidence, the squatter files the quiet title complaint with the appropriate court. This legal document initiates the process of seeking to establish ownership through adverse possession.

Hearing

After filing the complaint, the squatter must attend a hearing before a judge, where the property owner will also be present. During this hearing, the squatter will present their case, providing evidence and arguments to demonstrate that they have met all the criteria for adverse possession.

Judgment

If the squatter fulfills all the requirements and convinces the judge, the judge will issue a judgment granting adverse possession. This judgment perfects the title and establishes the squatter's legal ownership of the property.

But winning an adverse possession case can be challenging, as the squatter must provide evidence to satisfy the strict standards set by New York's squatters' rights laws.

Recent efforts against adverse possession claims in NYS

In response to concerns over squatters exploiting legal loopholes, recent legislative efforts have been made by New York State Rep. Jake Blumencranz and Sen. Mario Mattera. They introduced Assembly Bill A6894 and Senate Bill S8867, aiming to address squatters' rights and adverse possession.

These bills signify a potential shift in power back to landlords and a crackdown on squatters in New York, highlighting the evolving landscape of property rights and the importance of staying informed on current legislation for those involved in adverse possession claims.

How do you prevent squatters from accessing your property?

There are strategies you can take as the legal owner of the property to prevent squatters from accessing your property:

Regular inspections

Check your property frequently to identify any signs of unauthorized entry or squatting early on. Regularly visit your property to monitor its condition and detect potential activity before it escalates into a squatter situation.

Maintain an inhabited appearance

Even when the property is vacant, create the impression that it is occupied to deter squatters from targeting it. Keep some furniture out or leave a radio playing inside the property to give the illusion that someone is living there.

Secure the property

Implement physical security measures to restrict unauthorized access to the property. This can include installing adequate lighting and a security alarm system, making sure that all doors and windows have sturdy locks and barriers to make it more difficult for someone to enter the property.

Rules for posting no trespassing signs ny

In New York, there are specific guidelines for posting "No Trespassing" signs that must be adhered to in order to be legally effective. The signs should be no smaller than 11 inches by 11 inches, with the words "No Trespassing" prominently displayed across at least a 9-inch by 9-inch area. They need to be clearly legible and include the name and address of the landowner or the person authorized to use the land.

Homemade signs are permitted, provided they meet the specified size and content criteria. The placement of these signs is also crucial; they must be spaced no more than 660 feet apart and positioned conspicuously to ensure they are easily visible, thus providing clear notice to potential trespassers.

On unimproved, vacant, or unfenced land, it is particularly important to post these signs to clarify that the land is private and that trespassing is prohibited. This is vital for establishing that the property is private, especially where trespass might be difficult to prove otherwise.

If the land is leased for agricultural purposes, permission from the landowner is necessary to post any signs. While posting "No Trespassing" signs does not alter your liability as a landowner, it does strengthen your legal standing in deterring and dealing with trespassers.

Build relationships with neighbors

Seek the help of nearby residents to keep an eye on your property and report any suspicious activities. Notify local law enforcement about the vacancy to encourage increased patrols in the area, further deterring potential squatters.

Hire a property management company

Hire a property manager to maintain and oversee the property until legitimate tenants or buyers occupy it. Property management companies have experience in maintaining vacant properties and can regularly check for any signs of squatting. They can also manage the process of removing squatters if discovered on your property.

Use temporary occupancy

Keep the property occupied, even if just for storage purposes, to make it less inviting to squatters. You could use the property for storage, occasional visits, or even short-term rentals.

How to evict a squatter in New York

If you discover squatters on your property in the state of New York, follow proper legal procedures for eviction proceedings. Here are the typical steps:

1. Consult with a real estate attorney: Seek legal advice from an experienced real estate attorney. They can guide you through the eviction process to make sure that you follow the correct procedures and protect your rights.
2. Serve a ten-day notice to quit: The property owner serves the squatter with a ten-day notice to quit, informing them to vacate the property within ten days.
3. File a petition for special proceedings: If the squatter remains, the property owner files a petition for special proceedings with the appropriate court system to initiate the eviction process.
4. Obtain a summons: The court issues a summons, served by the sheriff, requiring the squatter to appear in court.
5. Attend the court hearing: Both parties present evidence supporting their claims of ownership or right to occupy the property at the court hearing.
6. Obtain a warrant for possession: If the court confirms the property owner's legal ownership, it issues a warrant for possession, giving the squatter 14 days to vacate.
7. Request the sheriff's assistance: If the squatter doesn't leave within 14 days, the property owner can request the sheriff's assistance to forcibly remove them.

NYS squatters rights- Explained

Understanding the laws surrounding squatters' rights in New York can help you protect your property. It's rare for someone to take ownership of your property by squatting unless you completely neglect it for years without noticing someone has moved in.

Take a proactive approach and implement practical strategies to protect your property. Regularly inspect your property, maintain an inhabited appearance, and keep it secure. Build relationships with neighbors, consider hiring a property manager, and use temporary occupancy to help deter unauthorized occupants.

If you are dealing with squatters, be sure to follow the proper legal procedures for eviction. Consulting with a real estate attorney, serving the appropriate notices, and attending court hearings help to protect your rights as a property owner while following New York's laws.