Disagreement over where one property ends and another begins during property development or a sale often leads to property disputes involving boundaries, easements, and adverse possession claims. These challenges can quickly escalate into costly legal battles without the right representation.
Richman Law Firm PLLC is your go-to real estate litigation law office in New York City. We have decades of experience handling property disputes and are committed to providing clear guidance and strong legal representation to protect your property rights. Contact us today for a free consultation.
Common Types of Property Disputes
At Richman Law Firm PLLC, we handle a wide range of property disputes, including:
Boundaries and Property Line Disputes
Determining the exact boundary between two properties can be contentious. These disputes often arise when a property owner builds a structure that crosses onto a neighboring property. We have extensive experience handling such disputes, using surveys, deeds, and other legal documents to establish accurate property lines.
Variances
A variance is a request to the local government to deviate from current zoning requirements. It can be granted for several reasons, including allowing the property owner to overcome a hardship caused by the property’s characteristics or to allow the inclusion of something that benefits the community.
However, obtaining a variance involves multiple parties and proof that regulations are affecting owners’ ability to use their property. Disputes may arise when a variance request is denied or another party objects to granting a variance.
Unlawful Conveyance of Land
A fraudulent conveyance happens when someone transfers their property to avoid letting a creditor claim it or, simply, without the right to do so. If a property owner owes money and believes their creditor might try to take their property as payment, they might transfer the ownership of that property to someone else. If this happens, the creditor may pursue legal action to reverse or cancel the same. Further, if someone transfers property ownership without the right to do so, this may be considered a fraudulent conveyance.
This could be done by forging documents and signatures or presenting false information to convince a potential buyer that they are, among other things, the legitimate owner of the real property sought to be sold.
Disputes Related to Deeds
Deeds demonstrate ownership of real property and can be transferred by one person (the grantor) to another (the grantee). These documents typically include the names of the immediate preceding and current owners, a description of the property, and signatures. Deeds need to be officially registered as they are public records.
A deed may be considered invalid if it was not properly signed or the grantor was not competent at the time of transfer. Disputes can also occur when a deed is believed to have been obtained through fraud. Discrepancies in deed descriptions, boundary disputes, or disagreements over ownership rights may lead to legal conflicts.
Easements
An easement is a legal right to use another person’s land for a specific purpose. For example, utility companies often have easements that allow them to run lines on private property. Easements can also allow one property owner to cross another’s land, such as a driveway easement that allows a neighbor to drive across your property to reach their own.
Disputes can arise when the holder of an easement uses the land in ways not contemplated in the easement or when the landowner interferes with the easement holder’s rights.
Adverse Possession
Adverse possession happens when someone who is not the landowner gains ownership of land through continuous, open, and hostile use, contrary to the interests of the original owner.
In New York, for a claim of adverse possession to be successful, it involves taking possession in a manner that is openly against the rights of the true owner. The claimant must possess the land openly and notoriously as the owner would for a period of ten years.
Disputes over adverse possession require careful legal analysis and strategic representation to navigate the complexities of the law. Whether defending an owner’s claim to the property or asserting a possessor’s rights acquired through adverse occupation, our attorneys are well-versed in New York adverse possession laws and can provide guidance in these cases.
Encroachment
Encroachment occurs when a building—or an intrusion of some other part of a property—extends beyond rightful land and illegally intrudes adjoining land, street, or alley. This could be anything from overhanging branches from a neighbor’s tree to a portion of a neighbor’s house being built onto their neighbor’s property.
Encroachment disputes can be complicated, often requiring detailed surveys and potential removal of the encroaching structure. Our experienced attorneys at Richman Law Firm PLLC can help you navigate these issues and work toward an effective resolution.
Contact Us for a Free Consultation
At Richman Law Firm PLLC, we work tirelessly on your behalf, providing clear guidance and personalized legal strategies tailored to your unique situation.
We deliver comprehensive real estate litigation services, ranging from contract breaches to intricate disputes involving multiple parties, always focusing on protecting client interests. Let us put our experience to work for you. Contact Richman Law Firm PLLC today for a free consultation.
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Meet Mr. Richman
SCOTT B. RICHMAN, ESQ.
Mr. Richman is the Managing Member and Founder of Richman Law Firm PLLC. In his role as Managing Member, Mr. Richman oversees the day-to-day operations of the firm and handles the litigation of the most complex legal matters across a vast array of practice areas and disciplines.
