United States · New York limitation periods
What possession requirement governs New York recovery of real property?
CPLR 212(a) requires seizure or possession by the plaintiff or predecessor within ten years before commencement. A single date does not establish title or possession.
- Period
- 10-year possession lookback under section 212(a)
- Trigger
- Actual commencement and the plaintiff’s or predecessor’s established seizure or possession
- Rule
- CPLR 212(a)
Current official statutory text reviewed. A displayed Senate revision date is not an amendment effective date.
Source guide · No automated date
What possession requirement governs New York recovery of real property?
Section 212(a) supplies a retrospective legal possession condition. The isolated date preset cannot establish the relevant right, predecessor facts, commencement and historical tolls.
CPLR 212(a)What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
Which event controls this CPLR 212(a) inquiry?
Identify an action to recover real property or its possession, rather than a claim for money damages for property injury.
Section 212(a) asks whether the plaintiff or predecessor was seized or possessed within ten years before commencement. The required legal possession and interest must be established.
Other subdivisions address state grants, mortgage redemption and separate trafficking conduct. Their acts and events must not be substituted for subsection (a).
Historical limitation and tolling questions remain separate. This guide does not convert a nominal anniversary into proof of a possessory right.
CPLR 212(a)Which periods must be established before counting?
- Identify an action to recover real property or its possession, rather than a claim for money damages for property injury.
- Section 212(a) asks whether the plaintiff or predecessor was seized or possessed within ten years before commencement. The required legal possession and interest must be established.
- Other subdivisions address state grants, mortgage redemption and separate trafficking conduct. Their acts and events must not be substituted for subsection (a).
- Historical limitation and tolling questions remain separate. This guide does not convert a nominal anniversary into proof of a possessory right.
- This guide supplies no fixed date. Establish the applicable statutory branches and their actual events before applying any calendar-month, calendar-year or final-day provision.
- Preserve the actual seisin or possession history of the claimant and predecessors. Test the statutory lookback against proposed commencement separately.
A calendar anniversary cannot decide the statutory classification or supply missing facts. No computed or paid date is published.
CPLR 212(a)What distinguishes the relevant statutory branches?
Fictitious comparison. Two plaintiffs choose the same nominal last-possession date. Only one establishes the required predecessor relationship and qualifying possession. The matching anniversary does not prove both actions satisfy section 212(a).
Section 212(a) supplies a retrospective legal possession condition. The isolated date preset cannot establish the relevant right, predecessor facts, commencement and historical tolls.
Which qualifications change this inquiry?
- Predecessor’s interest
- The statute expressly includes the plaintiff’s predecessor, requiring the actual relationship and relevant possession history.
- Different land remedies
- Read subsections (b) and (c) separately for their determination, breach, deed-recording and continuous-possession requirements.
- Property damage comparison
- Section 214(4) concerns injury-to-property damages, not this possession lookback.
- Historical executive-order toll
- The calculators accept selected events after November 3, 2020. They do not apply the 2020 executive-order toll. Brash distinguishes a toll from a suspension. Historical events require separate review and receive no calculated or paid date here. Do not add 228 days to every historical event without testing its actual applicability.
- Preserve the applicable edition and establish the actual statutory facts independently.
- Section 212(a) supplies a retrospective legal possession condition. The isolated date preset cannot establish the relevant right, predecessor facts, commencement and historical tolls.
Which facts and completed acts should be preserved?
Questions about CPLR 212(a)
What possession requirement governs New York recovery of real property?
Is ten years from any land dispute enough?
No. Subsection (a) requires the specified plaintiff or predecessor seizure or possession relative to commencement.
CPLR 212Does this prove adverse possession or title?
No. The guide does not determine the underlying possessory or ownership facts.
CPLR 212Is mortgage foreclosure the same rule?
No. The instrument-based limitation is in section 213(4), with separate accrual and savings law.
CPLR 213Official New York sources and review
Provisions used (13)
| Provision | Purpose |
|---|---|
| CPLR 212(a) | The particular statutory procedure and its conditions |
| CPLR 214 | The separately identified qualification or accrual provision |
| CPLR 213 | The separately identified qualification or accrual provision |
| CPLR 203(a), (c) | The separately identified qualification or accrual provision |
| CPLR 202 | The separately identified qualification or accrual provision |
| Brash v Richards, 195 AD3d 582 (2d Dept 2021) | Historical tolling and the calculator’s scope boundary |
| General Construction Law 20 | Applicable event-day, calendar-interval or statutory final-day provision |
| General Construction Law 30 | Applicable event-day, calendar-interval or statutory final-day provision |
| General Construction Law 58 | Applicable event-day, calendar-interval or statutory final-day provision |
| General Construction Law 24 | Applicable event-day, calendar-interval or statutory final-day provision |
| General Construction Law 25-a | Applicable event-day, calendar-interval or statutory final-day provision |
| CPLR 304 | Commencement by filing, separate from defendant service |
| 22 NYCRR 202.5-b(d)(3)(i), (f)(1) | Recorded transmission and required fee information in the applicable NYSCEF program; initiating filing does not itself serve a defendant |