How these claims usually arise
Adverse possession of land lets a person who has occupied someone else's property for a long enough time, in a way that challenged the owner's rights, ask a court to recognize title. Disputes most often surface when a property is surveyed for a sale or refinance, when a new owner moves in, or when someone starts building near the line. Courts look closely at how the land was used and for how long. New York's current statute also asks whether the claimant had a reasonable basis for believing the land was theirs. It also treats some minor encroachments and routine upkeep across the line, which can include a fence or hedge, as permissive rather than adverse, though older claims may fall under earlier rules.
Evidence on either side
Gather the deeds, the title policy, and every survey you can find, including older surveys from prior owners. Photographs over the years, aerial images, tax records, and records of improvements such as fences, driveways, or structures can help show when and how the land was used. Statements from long-time neighbors or former owners about how the area was treated can matter. Permission is often the central question, so any letter, conversation, or arrangement suggesting the owner allowed the use deserves attention. If you are the record owner, talk with a lawyer before tearing down a fence or confronting the neighbor, because self-help can create new problems.
How the question gets resolved
The issue is usually decided through an action to quiet title, in which a court determines who owns the disputed strip. Many of these disputes resolve instead through a boundary line agreement, a sale of the strip, or an easement, which can be less costly than litigation and easier to live with as neighbors. Public land is generally not subject to adverse possession claims. In a first conversation we review the surveys and deeds, ask how long the current use has gone on, and talk through whether litigation or an agreement fits your goals, particularly if a sale or closing is pending.
