S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
June 6, 2013
Introduced by M. of A. ESPINAL -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to adverse possession where property taxes are paid for ten
or more years
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 511 of the real property actions and proceedings
2 law, as amended by chapter 269 of the laws of 2008, is amended to read
3 as follows:
4 S 511. Adverse possession under written instrument or judgment. Where
5 the occupant or those under whom the occupant claims entered into the
6 possession of the premises under claim of right, exclusive of any other
7 right, founding the claim upon a written instrument, as being a convey-
8 ance of the premises in question, OR WHERE THE OCCUPANT HAS PAID THE
9 PROPERTY TAXES OF THE PREMISES, or upon the decree or judgment of a
10 competent court, and there has been a continued occupation and
11 possession of the premises included in the instrument, decree or judg-
12 ment, or of some part thereof, for ten years, under the same claim, the
13 premises so included are deemed to have been held adversely; except that
14 when they consist of a tract divided into lots, the possession of one
15 lot is not deemed a possession of any other lot.
16 S 2. Section 521 of the real property actions and proceedings law, as
17 amended by chapter 269 of the laws of 2008, is amended to read as
19 S 521. Adverse possession not under written instrument or judgment.
20 1. Where there has been an actual continued occupation of premises under
21 a claim of right, exclusive of any other right, but not founded upon a
22 written instrument or a judgment or decree, the premises so actually
23 occupied, and no others, are deemed to have been held adversely.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 7859 2
1 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE
2 A PERSON OR ENTITY HAS PAID TEN OR MORE YEARS OF PROPERTY TAXES FOR THE
3 PREMISES, SUCH PREMISES SHALL BE DEEMED TO BE HELD ADVERSELY.
4 S 3. This act shall take effect immediately.