New York Squatters' Rights and Adverse Possession

An adverse possessor under RPAPL Section 501 is one who "occupies real property of another...in a manner that would give the owner a cause of action for ejectment." Title can transfer only after "continued occupation and possession of the premises...for ten years" under RPAPL Section 511, and possession must be hostile, actual, open and notorious, exclusive, and continuous. The 2024 FY25 budget amended RPAPL Section 711 so that "a tenant shall not include a squatter," defined as "a person who enters onto or intrudes upon real property without permission and continues to occupy without title, right or permission." This change rebuts the misconception that a squatter gains tenant protections after 30 days; only the 10-year statutory period creates any ownership claim.

No specific statutory penalty for occupancy itself; an owner may pursue ejectment or summary proceedings, and squatters short of 10 years gain no ownership and no tenant status.