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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).

3 YEARS
Trespass to Land · New York
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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:

01 Unauthorized entry onto private property
02 Encroaching structures or fences
03 Interference with use of real property
04 Unauthorized removal of timber or resources
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Other Filing Deadlines in New York

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed New York attorney can tell you the deadline that applies to your situation.
See every filing deadline in New York, or compare trespass across all states.
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