Property Dispute Lawyers in New York, NY

A property dispute lawyer can represent you in property disputes you might have with neighbors and third parties. The most common property disputes are co-ownership disputes, quiet title actions, lot line disputes, encroachments, easements, and adverse possession.

Co-Ownership Disputes

Co-ownership disputes happen, especially when siblings inherit property from their parents. These siblings usually have different ideas on how to manage property, especially when some co-owners, but not all, are living on the inherited property rent-free. Usually, co-ownership disputes can be settled amicably, especially when detailed co-ownership agreements are in place. However, in cases where negotiation and mediation fail, a property dispute lawyer can assist you in filing a partition lawsuit to sell the property and distribute the proceeds among the co-owners.

Quiet Title Actions

Quiet title actions are filed when two people claim ownership over one property. Despite the fact that one person may have title the property, another person may hold ownership over the property for another valid reason. A quiet title action submits to the court the question of, among the two parties, who has legal ownership over the property. A property dispute lawyer can assist you in filing an action to quiet title against the other owner.

Lot Line Disputes

Lot line disputes occur among neighbors who have issues regarding their boundaries. This occurs when one property owner surveys the land for a construction project and realizes that his property may be bigger or smaller, depending on the survey. Public property records such as deed records, plat maps, and land use and zoning records which show the historical description of the property, can provide reference in the resolution of lot line disputes. A property dispute lawyer can help represent your interests in the lot line dispute.

Encroachments

An encroachment occurs when a structure or other type of improvement protrudes or is built on your property by a neighbor without your consent. Examples of encroachment include a building over the property line, tree branches or roots, and fence overlaps.

Encroachments can lead to property disputes among neighbors, generating animosity. A property dispute lawyer can represent your interests in negotiating remedies for encroachments, which can range from property line adjustments with compensation, easement agreements, relocation or removal, or ultimately, legal action.

Easements

Easements in New York can generate a lot of legal issues, especially when the owner of the property subjected to the easement has been burdened by the unreasonable use of the easement by the easement owner. When the easement owner uses the easement in ways that unreasonably burdens the owner of the property, the property owner may request for damages. A property dispute lawyer can represent your interests in negotiating with the other party, or in filing an action, if needed.

Adverse Possession

In New York, people can gain title through adverse possession. In order to acquire property through adverse possession, the possession must be:

• Hostile and under a claim of right;
• Actual;
• Open and notorious;
• Exclusive; and
• Continuous for 10 years.

For adverse possession to work, the property attempting to acquire title must have a good faith belief that the property he is indeed possessing is his own. For this reason, adverse possession cannot be made by a lessee against the lessor of a property because the lessee knows that the property is not his.

Property disputes can be challenging and complicated. Having an experienced property dispute lawyer by your side representing your interests is important in making a claim. Should you need assistance, we, at the law offices of Albert Goodwin, are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at email@goodwinrealestatelaw.com.