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Skip to content Schedule Your Consultation 212-317-9500 * Home * About Our Firm * Attorneys * Practice Areas * Business & Commercial * Co-op & Condo * Landlord & Tenant * Real Estate * Press * Cases * Blog * Contact * Home * About Our FirmC * Attorneys * Practice Areas * Business & Commercial * Co-op & Condo * Landlord & Tenant * Real Estate * Press * Cases * Blog * Contact * Home * About Our Firm * Attorneys * Practice Areas * Business & Commercial * Co-op & Condo * Landlord & Tenant * Real Estate * Press * Cases * Blog * Contact * Home * About Our FirmC * Attorneys * Practice Areas * Business & Commercial * Co-op & Condo * Landlord & Tenant * Real Estate * Press * Cases * Blog * Contact Email Call New York City Real Estate Attorneys Providing Strategic Representation 1. Home | 2. New York City Real Estate Law Blog | Do squatters have rights in New York? DO SQUATTERS HAVE RIGHTS IN NEW YORK? On Behalf of Nadel & Ciarlo, P.C. | Sep 20, 2023 | New York City Real Estate Law Blog, Real Estate Disputes Owning property in New York can be challenging. If you rent out your properties or ever leave your properties empty, you may worry about squatters, especially recently with several squatter stories going viral. This, in turn, has likely led you to wonder whether squatters have rights in our state. SQUATTER’S RIGHTS GENERALLY Squatter’s right, also known as adverse possession. They allow property occupants rights over the property they occupy without the owner’s permission, and they can lead to the property owner losing the property to the squatter. SQUATTER’S RIGHTS IN NEW YORK In New York, if someone occupies your property without our permission, and they do so continuously, openly and exclusively for a specified period of time, they can take your title. To be clear, this is different than trespassing, which is a crime. Specifically, in New York, the occupancy time required is at least 10 years without interruption, and they must pay property taxes during this time as well. The squatter must also have some documentation that appears to give them a valid property claim (color of title). Finally, the squatter must also act like the owner, like maintaining the fence, lawn, improvements, etc. PROPERTY OWNER DEFENSES For property owners, this seems unfair. After all, in what other context can someone just come in and take your property and get to keep it, legally. If you can prove you gave them permission, this interrupts the squatter’s adverse possession. A valid reason to be absent from the property could be another defense. SQUATTER TENANCY In New York, if the squatter lived in the property for at least 30 days, they are considered a legal tenant. This means you cannot unilaterally evict them or have the police evict them. You would be forced to get a judicial eviction. THE KEYS As you can tell from this, actually taking your property is extremely hard for squatters, but establishing tenancy is not as difficult. This is why it is imperative that property owners monitor their properties, including setting up cameras in their vacant properties. This will make getting squatter out much easier or avoid it entirely. Search for: Search for: RECENT POSTS * How can I address construction disturbances? * 3 reasons why the Condo Association might reject your renovation * Does your neighbor’s business comply with NYC zoning regulations? * Co-owning real estate may present opportunities for conflict * What scenarios may require a quiet title action? 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Work with Nadel & Ciarlo, P.C to get the dedicated legal counsel you need. Call 212-317-9500 or fill out the form below to contact our attorneys. Serving New York City 527 Madison Avenue 7th Floor New York, NY 10022 212-317-9500 Fax: 212-317-9849 New York Office * Follow on Facebook, opens in a new window * Follow on LinkedIn, opens in a new window * Follow on X, opens in a new window Attorney Advertising © 2024 Nadel & Ciarlo, P.C. • All Rights Reserved Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters ╳