NY State — NY Real Property Actions & Proceedings Law

§ 311 — SECTION 311 Presumption of possession from legal title

Brooklyn since 2014All five boroughsSame-day response during business hours

Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 311?

Quick Answer

This section establishes that a person with legal title to real property is presumed to have possessed it within the legally required timeframe. It also states that any occupation by another individual is considered subordinate to the legal title unless there has been adverse possession for ten years prior to the action. Applies to property owners involved in recovery actions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 311 SECTION 311 Presumption of possession from legal title

RPAPL § 311

In an action to recover real property or the possession thereof, the person who establishes a legal title to the premises is presumed to have been possessed thereof within the time required by law; and the occupation of the premises by another person is deemed to have been under and in subordination to the legal title unless the premises have been held and possessed adversely to the legal title for ten years before the commencement of the action.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 311?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters