Protecting The Rights And Interests Of New York City Property Owners

Property rights are the cornerstone of our legal system, allowing people to purchase and invest in real estate confidently. Although fundamental to the American way of life, property rights are not inviolable and must sometimes be enforced in court. Real estate controversies requiring court intervention arise in many ways, ranging from fundamental boundary disputes and partitions to competing claims to title due to fraud, deed theft or forgery. Buyers or sellers may breach the terms of a contract of sale of real property, and liens on real property can cloud title and impact one’s ability to sell or willingness to buy.

Whatever the case, Fadullon Dizon Krul LLP’s litigators are ready to represent you if you face these matters. The firm’s New York real estate attorneys can help you navigate various property and title disputes, and find tailored solutions that can effectively address your needs.

The New York Property Owners Fadullon Dizon Krul LLP Represents

The firm supports the interests of:

• Homeowners of single and multifamily homes
• Borrowers
• Buyers and sellers involved in disputes over the purchase and sale of real property
• Property co-owners involved in disputes seeking partitions
• Property management companies and property managers
• Real estate investors interested in buying distressed debt
• Those involved in a constructive trust dispute

If you have any financial interest in your property, Fadullon Dizon Krul LLP can help you strategically navigate your dispute and find unique avenues to pursue desired results.

Trusted Legal Support For Title Disputes

Fadullon Dizon Krul LLP can assist you with title disputes. Whether you are facing liens, a defective title or fraudulent deeds, Fadullon Dizon Krul LLP can help you address these issues to limit the personal and financial hardship they could impose on you.

What are some common reasons for New York City real estate title disputes?

There are myriad reasons that parties argue over titles, including:

• Incorrect public records due to clerical errors
• Titles that are defective or confusing, often due to unsettled boundary disputes, errors in the records or unexpected easements
• Issues with boundaries between neighbors who disagree about where one lot ends and the other begins, or have a dispute over a fence that encroaches on your property or blocks your property’s access to light or air

Some other key New York real estate title disputes that come up are:

Liens on the property that have not been fully paid, which can create a question if the buyer is purchasing full title over the property:

• Liens on the property are a more common issue. A mortgage lien, tax lien, or mechanic’s lien arising during the title search can jeopardize a property sale since buyers typically do not want to purchase a property without clear title as they are not (nor should be) responsible for to take on liability for a lien they had nothing to do with.

Adverse possession of the property by a third party:

• Adverse possession is when an unauthorized party occupies another party’s land. State law allows the occupying party to claim they own the land through adverse possession if they occupy it continuously in an open and notorious way (meaning, the owner reasonably could have discovered what was going on) for at least ten years.
• While rare, adverse possession can become a factor in real estate, such as when a fence or other structure crosses the boundary into your property and goes unaddressed for several years. Indeed, what starts out as basic boundary dispute between neighboring land can turn into a question of adverse possession under certain circumstances.

What might a party expect if they win the dispute?

Depending on the underlying problem, a party to a New York real estate dispute may expect:

• Monetary damages to compensate a party for the wrong they have, and, in rare cases, an award of legal fees and other costs
• The title being cleared of all issues so that the current transaction can move forward or the owner can find a new buyer
• A Court order implementing  the Court’s determination as to the property rights in question, including, for example, an Order directing the County Clerk to discharge of record a mortgage or lien recorded against a particular property

Which form of damages generally depends on the nature of the harm the plaintiff has suffered, whether they still want to pursue the transaction and other real-world factors. To learn more about what the firm’s lawyers can do for you regarding title matters, call them at 347-967-4087.

Uncover And Address Your New York Property And Title Issues Now

Property and title issues can often sneak up on you. When that happens, contact the firm’s New York title and property lawyers to schedule your initial consultation through the contact form.

Fadullon Dizon Krul LLP‘s clients come from Brooklyn, the Bronx, Manhattan, Queens and Staten Island, as well as Westchester, Nassau and Suffolk counties.