What Is the Statute of Limitations for Trespass in New York?
In New York, the statute of limitations for trespass is generally 3 years under N.Y. C.P.L.R. § 214(4).
Trespass Deadlines in New York
How long do you have to file a trespass claim in New York?
In New York, the statute of limitations for trespass is generally 3 years under N.Y. C.P.L.R. § 214(4).
When does the clock start for trespass in New York?
Three years, as an action for injury to property.
Can the New York deadline for trespass be extended?
A continuing trespass can give rise to successive causes of action. An action to recover the real property itself runs under CPLR art. 5 instead.
Is the deadline different if the claim is against the government in New York?
Often, yes. Notice of claim served within 90 days under N.Y. Gen. Mun. Law § 50-e. A notice of claim must be served within 90 days after the claim arises. The lawsuit itself must generally be commenced within one year and 90 days under § 50-i — far shorter than the three-year CPLR period that would otherwise apply. The municipality may deman…
How does New York compare to other states for trespass?
New York's 3 years is in the middle of the range nationally. Across the 48 jurisdictions with a verified figure, the deadline for trespass ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →
What Does Trespass to Land Cover?
Situations that typically fall under the trespass deadline in New York:
