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Real Estate

Acquisitive Prescription

If you grew up with a civil-law system, you may know the idea as acquisitive prescription: someone who has possessed land long enough can end up owning it. You are now looking at a fence, a driveway, or a family parcel in the United States and wondering whether the same rule applies.

Reviewed

01 GUIDE

Acquisitive Prescription: what usually happens

The same idea under a different name

Most of the United States, including New York, does not use the term acquisitive prescription. Courts here speak of adverse possession when someone claims ownership of land through long occupation, and of a prescriptive easement when someone claims only a right to keep using it, such as a path or a shared driveway. Louisiana, with its civil-law tradition, does use the term, and so do many countries abroad, including Korea and much of Europe and Latin America. The underlying idea is similar, but the rules about how long, what kind of possession, and what proof is needed are set by each state. Translating a rule from one system to another is where people most often go wrong.

Why New York is narrower than people expect

New York changed its adverse possession rules by statute and has made these claims harder to bring than many owners assume. How the land was actually used matters a great deal, and so does whether permission was ever given, since permission tends to defeat the claim. Some small encroachments and routine upkeep of a neighbor's strip are treated differently from real occupation. Claims against land owned by public bodies raise separate problems. A claim of this kind also does not change the record by itself; it usually has to be established through a court action or settled in a written agreement that is then recorded.

Records and first steps

Start with the deed, a current survey, and any older surveys or title reports, along with tax bills showing who has paid on the land in question. Photographs from different years, receipts for fences or paving, and the names of neighbors who remember how the land was used can matter on either side. If the property is abroad, the local rules and a local lawyer govern, though we can help coordinate if a US transaction or estate is involved. Our first step with you is to work out whether you are asserting a claim or answering one, what the documents show, and whether a boundary agreement or easement might settle things more cheaply than litigation.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

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05 HOW WE WORK

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06 OFFICES

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Attorney Advertising. This page is general information about acquisitive prescription and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.