The Strip You Have Been Mowing
RPAPL § 501 — ten years, a claim of right, and mowing across the line does not count
In New York, an adverse possessor gains title when the ten year period to recover real property runs out, provided the occupancy has been adverse, under claim of right, open and notorious, continuous, exclusive, and actual.
Claim of right. A reasonable basis for believing the property belongs to the possessor. It is not required if the owners cannot be found in the county records and located by reasonable means.
Mowing and hedges. Lawn mowing or similar maintenance across the boundary line of an adjoining owner's property is deemed permissive and non-adverse. So are de minimis non-structural encroachments such as fences, hedges, shrubbery, plantings, sheds and non-structural walls.
| The claim | Land counts as possessed where there are |
|---|---|
| The claimFounded on a written instrument or judgment | Land counts as possessed where there areActs open enough to put a reasonably diligent owner on notice; a substantial enclosure; or use for fuel or fencing timber |
| The claimNot founded on one | Land counts as possessed where there areActs open enough to put a reasonably diligent owner on notice, or a substantial enclosure, and only the land actually occupied |
The statute sets the time. What kind of possession counts beyond what the statute itself says comes from New York court decisions, which this page does not quote. Whether a particular strip of land has changed hands, and how to bring or answer an action over it, are questions for a licensed New York attorney.
Sources for this section (7)
- RPAPL § 501 — Adverse possession; defined
- CPLR 212 — Actions to be commenced within ten or fifteen years
- RPAPL § 511 — Adverse possession under written instrument or judgment
- RPAPL § 512 — Essentials of adverse possession under written instrument or judgment
- RPAPL § 521 — Adverse possession not under written instrument or judgment
- RPAPL § 522 — Essentials of adverse possession not under written instrument or judgment
- RPAPL § 543 — Adverse possession; how affected by acts across a boundary line
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.