Adverse possession: what is the statutory period in New York, and what does it include?

• A. 5 years
• B. 7 years
• C. 10 years
• D. 20 years

Answer: (C)

In New York, the period to acquire title by adverse possession is ten years. This means ten years of actual possession that is open and notorious, exclusive, continuous, and hostile to the true owner's rights. The time can be tacked—added together—from different possessors if there is privity (a chain of title or transfer linking them).

There’s a cloak-and-dagger exception you’ll sometimes see: if possession is under color of title—meaning you have some deed or instrument purporting to convey title, even if defective—the period for acquiring by adverse possession drops to seven years, typically with the requirement that taxes on the property were paid during that time. But the standard rule to remember is ten years of proper, adverse possession, with tacking available when privity exists.