Section 501. Adverse possession; defined  


Latest version.
  • For the purposes of this article:
        1.  Adverse possessor. A person or entity is an "adverse possessor" of
      real property when the  person  or  entity  occupies  real  property  of
      another  person  or  entity  with  or  without  knowledge of the other's
      superior ownership rights, in a manner that would give the owner a cause
      of action for ejectment.
        2. Acquisition of title. An  adverse  possessor  gains  title  to  the
      occupied real property upon the expiration of the statute of limitations
      for  an  action  to recover real property pursuant to subdivision (a) of
      section two hundred twelve of the civil practice law and rules, provided
      that the occupancy, as described in sections  five  hundred  twelve  and
      five  hundred  twenty-two of this article, has been adverse, under claim
      of right, open and notorious, continuous, exclusive, and actual.
        3. Claim of right. A claim of right means a reasonable basis  for  the
      belief  that  the  property belongs to the adverse possessor or property
      owner, as the case may be. Notwithstanding any other provision  of  this
      article,  claim of right shall not be required if the owner or owners of
      the real property throughout the statutory period cannot be  ascertained
      in  the  records  of the county clerk, or the register of the county, of
      the county  where  such  real  property  is  situated,  and  located  by
      reasonable means.