N.Y. Laws » CHAPTER Real Property / ARTICLE Conveyances and Mortgages
New York Consolidated Laws

N.Y. Real Property Law § 260 (2026)

Lands adversely held may be conveyed or mortgaged

✓ current as of May 2026
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§ 260. Lands adversely held may be conveyed or mortgaged. No grant,
conveyance or mortgage of real property or interest therein shall be
void for the reason that at the time of the delivery thereof such real
property is in the actual possession of a person claiming under a title
adverse to that of the grantor.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2001–2024 · leading case: Seward Park Hous. Corp. v. Cohen, 287 A.D.2d 157 (N.Y. App. Div. 1st Dep't 2001).
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Seward Park Hous. Corp. v. Cohen, 287 A.D.2d 157 (N.Y. App. Div. 1st Dep't 2001). “, § 2; see generally RPAPL 501; see also Real Property Law § 260; CPLR 212 [a]). The dissent compares the imputed knowledge of a landowner whose neighbor has possessed property for 10 years to a landlord whose tenant has possessed a dog for three months.”
Seabiscuit Realty LLC v. Hayes, 2024 NY Slip Op 00881 (N.Y. App. Div. 1st Dep't 2024). “As this Court explained in Rainbow Coop v City of New York ( 63 AD3d 415, 415 [1st Dept 2009]), Real Property Law § 260 does not weigh upon the effectiveness of an adverse possession claim itself, but rather, protects a subsequent encumbrance as between the parties to that…”
Rainbow Coop v. City of New York, 63 A.D.3d 415 (N.Y. App. Div. 1st Dep't 2009). “The motion court correctly held that even if it were to declare that plaintiffs’ adverse possession of the building and its units had given them title thereto by the time defendant City purported to transfer title to defendant UHAB, the mortgage on the building delivered by UHAB…”
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