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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.

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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)
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)

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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?

  1. Identify an action to recover real property or its possession, rather than a claim for money damages for property injury.
  2. 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.
  3. Other subdivisions address state grants, mortgage redemption and separate trafficking conduct. Their acts and events must not be substituted for subsection (a).
  4. Historical limitation and tolling questions remain separate. This guide does not convert a nominal anniversary into proof of a possessory right.
  5. 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.
  6. 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.
CPLR 212(a)
  • 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 212

Does this prove adverse possession or title?

No. The guide does not determine the underlying possessory or ownership facts.

CPLR 212

Is mortgage foreclosure the same rule?

No. The instrument-based limitation is in section 213(4), with separate accrual and savings law.

CPLR 213

Official New York sources and review

Provisions used (13)
Provisions used in this guide
ProvisionPurpose
CPLR 212(a)The particular statutory procedure and its conditions
CPLR 214The separately identified qualification or accrual provision
CPLR 213The separately identified qualification or accrual provision
CPLR 203(a), (c)The separately identified qualification or accrual provision
CPLR 202The 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 20Applicable event-day, calendar-interval or statutory final-day provision
General Construction Law 30Applicable event-day, calendar-interval or statutory final-day provision
General Construction Law 58Applicable event-day, calendar-interval or statutory final-day provision
General Construction Law 24Applicable event-day, calendar-interval or statutory final-day provision
General Construction Law 25-aApplicable event-day, calendar-interval or statutory final-day provision
CPLR 304Commencement 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
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