New York Squatter Laws
New York squatter laws allow an individual to make an adverse possession claim if they live on, maintain, and pay taxes on an unoccupied property for 10 years.
Written by Bonnie Stinson
Reviewed by Melanie Reiff
There are squatter laws in New York that govern the legality of occupying unoccupied buildings. Property owners, read closely! Squatters can claim adverse possession if they have lived openly in a property for at least 10 years and paid taxes. In New York City, squatters get rights after just 30 days.
You might associate squatters with vagrants who take over abandoned buildings. However, squatting can be legal in many cases! In fact, some people become squatters simply by occupying territory thinking that it’s their own, like a portion of a backyard. Either way, it could turn into a legal disaster.
Jerry
, the super app
that helps you save on car
and home insurance, has put together this guide to New York squatter laws. We’ll explain the legal definition of squatting, the requirements someone must fulfill to file an adverse possession claim, and other things you need to know about squatters in the Empire State
.RECOMMENDED
Compare auto insurance policies
No spam or unwanted phone calls · No long forms
Who is considered a squatter in New York?
In New York, a squatter is someone who is living in an abandoned or unoccupied property without the lawful permission of the owner.
Squatters are not the same as trespassers. There are a variety of laws on the books of the US government that help clarify the distinctions between legal squatting and illegal trespassing.
Squatting vs. trespassing vs. holdover tenants
The major differences are whether the property is occupied and whether they are unwelcome.
Someone is trespassing when they enter an occupied property without permission. If you post signs that prohibit trespassing and state that no one may stay on the property, squatters can be charged as criminals.
Someone is a squatter when they enter an unoccupied property with no way of knowing whether they are welcome.
What about holdover tenants? If a tenant stays in their rented space after the lease expires, it may be considered trespassing—but if they continue paying rent and the landlord accepts it, they will become tenants at will.
Adverse possession laws in New York
If you’re dealing with a squatter, New York has a law for adverse possession which permits people to legally claim a property against the original owner. How is this possible?
To qualify for adverse possession, the squatter must demonstrate 10 years of continuous use, maintenance, and improvement. The squatter must also
pay property taxes
on the property—you can check out the official legislation
. The following five requirements must be satisfied:
Hostile possession
There’s no violence involved in this requirement. Hostile possession simply means that the individual didn’t get permission from the owner to live on the property. This covers people who are aware that the property belongs to someone else and people who don’t realize their occupation is illegal.
Active possession
Active possession means that the squatter is currently in control of the property. They use it, live in it, and manage it in the same way an owner would. They may make improvements, like landscaping, and they may have performed repairs on the property.
Open and notorious possession
The squatter must be living openly and obviously on the property. If they have been hiding their presence, they won’t qualify for this requirement of adverse possession.
Exclusive possession
Squatters must have exclusive possession of the property to qualify. Adverse possession cannot be claimed if the property was shared by the rightful owner.
Continuous possession
Finally, the squatter must have had continuous possession of the property for 10 years. During this period, they must have paid all taxes levied against the property.
Key Takeaway An adverse possession claim requires 10 years of continuous residence in New York, along with payment of property taxes and some kind of improvement to the property.
Does New York honor color of title claims?
In New York, squatters can apply for color of title once they file for adverse possession (after 10 years).
How to protect yourself from squatters
While squatters are protected by some laws in New York, it’s important for property owners to take steps to protect property from legal challenges brought by squatters:
- Visit often: Don’t leave your property unattended for too long. If you do, it’s easy for a squatter to set up house.
- Install locks and alarms: If you can’t live on the property full-time, install a security system and locks to help prevent unwanted squatters and trespassers.
- Post “no trespassing” signs: Posting a sign like this can work to your advantage in court if a squatter tries to claim adverse possession.
- Pay property taxes promptly: If you’re the type to delay paying your property taxes, know that you’re creating an opportunity for squatters to pay your taxes—and thus lay claim to your property.
If you’re in a situation where squatters are trying to take possession of your property, here’s what you can do.
First, inform them that you own the property with a written notice and ask them to leave. If they resist, you can either try to rent to them, contact law enforcement, or try to evict them with an unlawful detainer suit.
Be very careful not to violate their rights, however. Don’t threaten squatters or turn off the utilities, as this could put you in a legal danger zone. Instead, consult legal counsel and attempt to remove them peaceably from your property.
How to find affordable home and car insurance in New York
Your home is your biggest asset. Whether you’re trying to protect it from squatters or from other hazards, you need a great home insurance policy.
Jerry
can help you shop for the policy that fits your needs. The app looks for a price, a coverage level, and a company that will make you smile. All it takes is 45 seconds and a smartphone! Jerry can even help you switch to a new policy—no paperwork or phone calls required. “Jerrywas wonderful! I used it for my auto and renters policies. I trusted it so much that I signed up my homeowners insurance under Jerry as well. All of the agents are amazingly nice and knowledgeable.” —Mary Y.
Let Jerry find you the best homeowners insurance policy for your needs
* checking your rate won’t affect your credit score
Shop Now
* checking your rate won’t affect your credit score
FAQs
How long can squatters stay in New York?
Technically, squatters could stay in an unoccupied property in New York forever. However, to make an adverse possession claim, they must stay on the property for 10 years, improve the property, and pay property taxes for the whole period.
Do squatters have to pay property taxes in New York?
Yes. If they want to legally lay claim to the property they’re occupying, squatters in New York must pay property taxes for 10 years.
Is it illegal to squat in a home?
Not necessarily. Squatting may be legal in some circumstances if the property is abandoned or unoccupied (and if the owner has not made clear that squatters are unwelcome). Trespassing, on the other hand, is a criminal offense.
Save an average of 18% by bundling your home and auto insurance
Bundle your home and auto insurance with Jerry and save!
4.7You might also be interested
