Use that looks like ownership
Adverse possession lets a person acquire title by occupying land without the owner's permission for the long period set by state law. Courts look closely at how the land was actually used and for how long, and the claimant generally has to prove the claim by clear and convincing evidence. Permission is often the decisive issue, because use that began with the owner's consent is usually not adverse. Use that is hidden or only occasional, such as walking across a lot from time to time, generally falls short. The possession also has to last through the entire statutory period, and interruptions can restart the analysis.
Changes New York made by statute
New York amended its adverse possession law in 2008. Since then, a claimant generally needs a reasonable basis for believing the property belonged to them, and certain minor non-structural encroachments, such as fences and hedges, are treated as permissive rather than adverse. Lawn mowing and similar maintenance across a boundary are treated the same way. Courts have applied the earlier law in some cases where the statutory period was completed before the amendment took effect, which makes the timeline of use important. As a result, the date the use began can matter as much as the use itself.
Building or answering a claim
Evidence usually includes surveys, deeds, tax records, photographs and aerial images from different years, and testimony from neighbors who remember how the land was used. Records showing who paid taxes on the strip, who maintained it, and whether permission was ever discussed can carry weight. A claim to title by adverse possession is generally resolved through an action to determine title in State Supreme Court. If you are the record owner, avoid self-help such as tearing down a fence without advice, because it can escalate the dispute and create liability. With a claim like this, we look first at the deeds and surveys and the history of use, and then at whether a boundary agreement or sale might settle it more simply.
