New York

New York law does recognize adverse possession, but simply occupying someone else’s property does not automatically give a squatter ownership rights. To acquire title through adverse possession, an occupant generally must satisfy specific legal requirements for the statutory period. New York law requires possession to be adverse, under a claim of right, open and notorious, continuous, exclusive, and actual. The applicable statutory period is generally 10 years. New York law also specifically distinguishes a squatter from a tenant in certain eviction proceedings. A squatter is generally someone who enters or remains on property without permission, title, or a legal right to possession. Because the legal process can depend on the facts of the situation, property owners should avoid assuming that they can simply remove an occupant themselves. Understanding the difference between squatting, trespassing, and tenancy is an important first step. What Is a Squatter in New York? A squatter is generally a person who occupies property without the permission of the owner or another person legally entitled to possession. New York’s Real Property Actions and Proceedings Law specifically defines a squatter for purposes of certain proceedings as someone who enters or intrudes upon real property without permission and continues to occupy it without title, right, or permission. The statute also states that a squatter is not considered a tenant under that provision. A squatter may: Enter a vacant property without permission Move into an abandoned or neglected building Remain after permission has been revoked Change locks or otherwise restrict access Receive mail at the property Attempt to establish the appearance of residency However, not every unauthorized occupant is legally treated the same way. The facts surrounding how the person entered the property and whether the owner ever gave permission can significantly affect the appropriate legal process. What Are Squatters’ Rights in New York? The phrase “squatters’ rights” can be misleading. New York does not give squatters an automatic right to someone else’s home simply because they have occupied it for a certain number of days or months. Instead, New York has laws governing adverse possession, under which an occupant can potentially acquire title after meeting strict legal requirements for the required period. New York adverse possession generally requires possession to be: Hostile or adverse Under a claim of right Actual Open and notorious Exclusive Continuous The statutory period is generally 10 years. New York courts continue to apply these requirements in adverse-possession cases. Simply living in a property without permission does not automatically satisfy these requirements. How Long Does a Squatter Have to Occupy a Property in New York? Generally, 10 years of qualifying adverse possession is required for an adverse possessor to potentially acquire title. New York law provides that an adverse possessor may gain title after the applicable statute of limitations expires, provided the possession meets the requirements established under the Real Property Actions and Proceedings Law. Important distinction A person does not become the legal owner simply because they have stayed in a house for: 30 days 90 days 6 months 1 year Several years The occupant must satisfy the legal elements of adverse possession for the required period. A recent New York appellate decision again described the general requirements as hostile and under a claim of right, actual, open and notorious, exclusive, and continuous possession for at least 10 years. What Is Adverse Possession in New York? Adverse possession is a legal doctrine that can allow someone who has possessed another person’s property under specific circumstances to claim title after satisfying statutory requirements. New York’s RPAPL § 501 defines an adverse possessor and explains that title can be acquired after the applicable limitations period when the required type of possession has occurred. Why does adverse possession exist? Adverse possession laws are designed to address situations in which property has been occupied and treated in a manner that meets specific legal requirements for a long period of time. But the requirements are substantial. A squatter cannot simply wait 10 years and automatically receive a deed. The person claiming adverse possession must establish the required elements, and disputes over title can require court proceedings. What Does “Open and Notorious” Mean? The occupation generally needs to be visible enough that a reasonably diligent property owner could become aware that someone is using the property. New York law addresses this requirement in RPAPL § 522, which provides that possession not based on a written instrument or judgment may qualify where there have been acts sufficiently open to put a reasonably diligent owner on notice, or where the property has been protected by a substantial enclosure. Examples may include: Regularly occupying the property Maintaining the property Making visible improvements Treating the property as one’s own Using the property openly rather than secretly The specific facts matter, and property owners should not assume that any one action automatically establishes adverse possession. What Does “Exclusive” Possession Mean? Exclusive possession generally means the adverse possessor is exercising control over the property rather than sharing possession with the true owner or the public. New York courts have explained that establishing exclusivity can involve showing that the adverse possessor alone cared for or improved the disputed property as though it were their own. Why exclusivity matters Someone who occasionally uses a property or shares access with the actual owner may have difficulty establishing the required exclusive possession. Again, adverse possession is determined based on the total circumstances rather than simply the length of occupancy. Does Paying Property Taxes Give a Squatter Ownership? No. Paying property taxes alone does not automatically make someone the owner of a property. Tax payments can sometimes be relevant evidence in an adverse-possession dispute, but they do not replace the other legal requirements. A person claiming adverse possession generally still has to establish the required elements of possession for the statutory period. Property owners should keep records of: Property tax payments Mortgage statements Utility bills Insurance Maintenance Repairs Property inspections Notices sent to occupants Communications with occupants Maintaining clear records can

Buying a house with little or no money saved is possible for some qualified buyers. Options such as VA or USDA loans, down payment assistance, grants, gift funds, low-down-payment mortgages, seller concessions, and seller financing can reduce the cash needed upfront. However, “no money” usually does not mean zero costs, as buyers may still have closing costs, inspections, insurance, or other expenses. Eligibility depends on factors such as credit, income, location, property type, and loan requirements. Can You Really Buy a House With No Money? Yes, some buyers can purchase a home with little or no money toward the down payment. However, you should not assume that a zero-down mortgage means zero cash is required at closing. You may still need money for certain expenses depending on the loan and transaction. Potential upfront costs include: Closing costs Home inspection Appraisal Earnest money deposit Prepaid taxes Homeowners insurance Mortgage-related fees Moving expenses Initial repairs Cash reserves Some assistance programs or seller concessions may help reduce these expenses, but the rules vary. The first step is determining exactly how much cash you need and which expenses can potentially be covered by another source. Option 1 — Use a VA Loan With No Down Payment For eligible veterans, active-duty service members, and certain surviving spouses, a VA-backed purchase loan can provide one of the clearest paths to buying a home without a down payment. The U.S. Department of Veterans Affairs states that eligible borrowers may be able to purchase a home with no down payment, provided the applicable requirements are met. VA loans may offer: No down payment for eligible borrowers Competitive financing terms No monthly private mortgage insurance Ability to purchase an eligible primary residence Options for certain types of properties However, borrowers still need to meet VA and lender requirements. You may need to provide: Certificate of Eligibility Income documentation Employment information Credit information Bank statements Other financial documents A VA loan can eliminate the down payment requirement, but it does not necessarily eliminate every closing expense. Option 2 — Consider a USDA Loan USDA home loan programs may help eligible buyers purchase homes with zero down payment in qualifying rural areas. The program is designed to help eligible buyers purchase primary residences in qualifying locations and within applicable income limits. USDA eligibility can depend on: Property location Household income Credit and underwriting requirements Primary-residence status Property eligibility Loan program requirements Not every home outside a major city automatically qualifies as a USDA property. If you’re considering a home in a smaller New York community, check the property’s eligibility rather than assuming it qualifies. Option 3 — Look for Down Payment Assistance Programs Down payment assistance can help qualified buyers reduce the amount of money they need to bring to the transaction. Programs may be offered by: State housing agencies Local governments Nonprofit organizations Housing authorities Lenders Community organizations HUD’s New York resources also identify down payment assistance and homeownership programs available to qualifying buyers. Assistance may come in different forms: Grants Deferred-payment loans Forgivable loans Low-interest second mortgages Matched savings programs Closing-cost assistance Each program has its own eligibility requirements. Some assistance may need to be repaid if you sell, refinance, move out, or fail to meet specific occupancy requirements. Always understand the repayment terms before accepting assistance. Option 4 — Use Gift Money for Your Down Payment Some mortgage programs allow eligible borrowers to use money gifted by qualifying family members or other approved sources. Gift funds can potentially help cover: Down payment Closing costs Other permitted purchase expenses Gift funds typically require documentation Your lender may require: A gift letter Donor information Proof of transfer Bank statements Evidence that the funds are genuinely a gift The money generally cannot be structured as an undisclosed loan. Before accepting money from someone else, ask your lender exactly what documentation is required. Option 5 — Choose a Low-Down-Payment Mortgage You may not need 20% down to buy a home. Some conventional mortgage programs allow qualified buyers to purchase with a relatively small down payment, while FHA financing can also reduce the initial down payment requirement for eligible borrowers. Low-down-payment financing can help buyers: Enter the market sooner Keep more savings available Avoid waiting years to accumulate a large down payment Preserve funds for repairs and emergencies However, a smaller down payment generally means borrowing more money. You should compare: Interest rate Mortgage insurance Monthly payment Closing costs Total loan cost Cash reserves The cheapest upfront option is not necessarily the cheapest option over the life of the mortgage. Option 6 — Negotiate Seller Concessions In some transactions, the seller may agree to contribute toward certain buyer closing costs. This can reduce the amount of money the buyer needs to bring to closing. Seller concessions may potentially help with: Eligible closing costs Prepaid expenses Certain lender-approved expenses Other permitted transaction costs The amount a seller can contribute depends on the loan type, transaction structure, property, and applicable rules. Seller concessions also depend on the seller being willing to negotiate them. A strong offer should account for the overall market and the seller’s priorities. Option 7 — Consider Seller Financing Seller financing is another potential way to purchase property without relying entirely on a traditional mortgage. Instead of receiving all financing from a bank, the seller may agree to finance the purchase under negotiated terms. A seller-financed agreement may establish: Purchase price Down payment Interest rate Monthly payment Loan term Late-payment terms Default provisions Ownership and title requirements Seller financing can be complicated, and both parties should use qualified legal and financial professionals. Never rely on a handshake agreement for a property purchase. Option 8 — Buy a Less Expensive Property Another way to reduce the amount of money needed is to purchase a less expensive property. A lower purchase price generally means a smaller down payment when a percentage-based down payment is required. Consider properties such as: Smaller homes Condos Fixer-uppers Properties outside high-cost neighborhoods Manufactured homes where eligible Homes requiring