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Best Real Estate Dispute Attorney in NY
Once upon a time in America, the parties involved in a land dispute often tried to settle the dispute through the use of force. One of the most notorious land feuds unfolded along the Kentucky and West Virginia border during the late 1800s.
The Hatfield and McCoy land feud lasted several decades until most members of both families found themselves behind bars.
Fast forward more than 100 years to the year 2021. Land feuds find their way into courtrooms where NY real estate dispute attorneys work feverishly to avoid litigation. Real estate litigation represents any type of legal dispute that concerns real property or an interest in real property.
This type of law can involve a dispute originating from the acquisition of property or a dispute over the ownership rights of private property. Real estate disputes also cover the rights of a property owner who presents a claim of trespassing or some other form of nuisance against another party.
Unlike the Hatfield and McCoy land feud, modern-era real estate disputes typically end up on the desk of at least one New York real estate attorney. If you have become embroiled in a contemporary version of the Hatfield and McCoy land feud, you should know how to find the best real estate dispute attorney in New York.
What Is a Property Dispute?
The short answer is a property dispute represents a formal legal complaint that concerns real estate. However, the short answer encompasses a wide variety of legal topics that cover a large number of different types of properties. A property at the center of a legal dispute can be as austere as a vacant parking lot or as luxurious as a billionaire’s sprawling estate.
A disagreement over a property line formed the heart of the Hatfield and McCoy land feud. Boundaries remain a hot-button legal issue in New York as well, especially when it comes to defining the boundaries for commercial real estate in large urban areas such as New York City. Whether your property dispute is big or small, the team of real estate lawyers at Morgan & Morgan ensures you receive total legal protection as granted by New York real estate statutes.
Who Gets Involved in Real Estate Disputes?
Just about anyone can get involved in a real estate dispute. For a majority of cases handled by a NY real estate dispute attorney, the owner of a property is one of the parties that has a stake in the outcome of a property dispute.
In addition to the owner of real estate, the following parties can be involved in settling a real estate dispute:
- Homeowner Association
- Local government agencies
- General contractor
- One of more independent contractors
A relatively new type of property dispute has emerged in the 21st century. Local government agencies have increasingly become involved in eminent domain actions, which is a legal process that allows a local government to take private property for public purposes. If you face an act of eminent domain, act with a sense of urgency by contacting one of the eminent domain lawyers at Morgan & Morgan.
What Are the Most Common Types of Real Estate Disputes?
We already mentioned that disputes involving the location of a property line are one of the most common types of real estate disputes. What are the other most common types of real estate disputes in New York?
A landlord-tenant dispute is not about rights of ownership. Instead, disputes between tenants and landlords frequently concern who is legally responsible for repairing damage to a property. Other legal issues that arise between landlords and tenants include evictions, occupancy restrictions, and security deposits.
Zoning regulations do not concern the location of property lines, but whether the owner of real estate is using the property for its intended purposes. The classic zoning real estate dispute arises when the owner of a residential property converts at least some of the property into a space for commercial purposes.
Real estate disputes that center on ownership rights typically require reference to a contract that clearly defines the right of an owner of private property. Some ownership rights disputes question the legal validity of the current owner.
Responsibilities of a Homeowner Association
Which party is obligated to perform maintenance on a property: The homeowner association or the resident of the property? The same question applies to the upkeep of common areas in the neighborhood.
Location of Utility Easements
A homeowner might not realize where utility easements are placed on the property. Knowing whether there are any utility easements on your property and where they are located impacts the valuation of your real estate investment.
What Are the Legal Remedies for Resolving a Real Estate Dispute?
Knowing how to find the best real estate dispute attorney in New York can help you get the justice you deserve. The type of remedy for your unique real estate dispute depends on the location of the real estate, as well as the statutes that define New York real estate law. The four most common types of legal remedies are injunctions, judicial sales, monetary damages, and quiet title actions.
If you want to stop your neighbor from using his or her property in a certain way, you have the right to file an injunction. An injunction can at least temporarily stop your neighbor from burning trash or building a fence that runs onto your property. Also referred to as a cease and desist order, an injunction gives you and your real estate dispute lawyer time to develop a persuasive case against the other party.
Some real estate disputes in NY end in a judicial sale, which is a common legal remedy used in foreclosure cases. A real estate owner can no longer meet the financial obligations of the property. Judicial sales also act as a legal remedy for partition cases, which involves dissolving a real estate partnership. The court might order the co-owners to sell the property and then divide the proceeds according to the ownership agreement.
Monetary damages cover any financial losses you suffered because of a real estate dispute in New York. The extent of the monetary damages awarded in a real estate dispute case are directly related to the expenses incurred by the party filing the civil lawsuit. For example, if your neighbor poured concrete six feet into your property and you paid to have it removed, then the party that poured the concrete pays you monetary damages to cover the concrete removal expenses.
Quiet Title Actions
One of the most important roles played by a NY real estate dispute attorney is to ensure the legal ownership of real estate. As a type of lawsuit, a quiet title action determines which party is the rightful owner of real estate.
How Do I Hire the Best NY Real Estate Dispute Attorney?
Hiring a real estate lawyer can help you avoid costly and time-consuming litigation. Your lawyer should be highly skilled at negotiating settlements, as most real estate disputes end with both parties assuming some of the responsibility for the legal issues at hand.
You want to start your search by considering real estate dispute lawyers who have compiled impressive records protecting the interests of clients.
How many years of experience should the real estate lawyers on your shortlist have? The number of years is not as important as the experience should be from representing clients in New York real estate dispute cases. New York has enacted different laws that impact the resolution of property dispute cases than the laws passed by Connecticut, Pennsylvania, and New Jersey.
Experience also involves knowledge, and your real estate dispute lawyer should be accomplished at handling the following types of cases.
- Homeowner Association
- Home buying
- Property line disagreements
- Real estate contracts
- Title disagreements
The key is to hire the most qualified real estate dispute lawyer long before you have fully developed your portfolio of properties.
Real estate dispute attorneys interact with a wide variety of other parties throughout each workday. Developers, real estate agents, and other real estate lawyers have the ear of your legal counsel. Even with a full schedule, your lawyer must be available for legal advice on the same day that you seek it.
You might not be a good fit for an attorney who is difficult to reach, fails to respond to messages, and takes too long to get back to you concerning an urgent legal matter.
Conduct Online Research
Reading the reviews left by current and former clients can give you insight into a real estate lawyer’s knowledge, responsiveness, and ability to negotiate favorable deals. You should use online client reviews as supporting information, not as the sole reason why you choose a certain attorney. The New York Bar Association website has a helpful feature called Attorney Verification that allows you to confirm the professional credentials of any real estate dispute attorney on your shortlist.
Unlike employment and personal injury lawyers, real estate dispute attorneys do not litigate cases that lead to huge settlements. Many of the decisions made by a court in a real estate dispute case define the actions that each side must take to remedy the legal situation. This means the real estate dispute attorneys on your shortlist probably charge clients by the hour. Just a few hours on the clock can set you back more than $5,000.
Make sure any lawyer on your shortlist charges clients for legitimate reasons, as well as offers an affordable fee scale.
We have come a long way since the late 1800s when land feuds often ended in a hail of gunfire. In the 21st century, you want to work with a NY real estate dispute attorney who can help end the dispute in a timely manner, without you having to pay exorbitant legal fees. With several years of handling real estate dispute cases in New York, Morgan & Morgan will work closely with you to protect your interests.
Schedule a free case evaluation today to prevent a NY real estate dispute from negatively impacting your bottom line.