Best Estate Lawyer in NYC : Real Estate Litigation Guide

Common real estate disputes include breach of purchase and sale agreements, disputes over property boundaries, title defects, landlord-tenant conflicts, and construction defects. Many cases involve multiple parties and complex contractual language that requires careful analysis. An experienced real estate litigation attorney evaluates the facts, applicable statutes, and case law to develop a strategic defense or claim. Our firm handles real estate litigation matters across New York City with proven results.

Real estate law intersects with contract law, property law, and civil procedure. The best estate lawyer in NYC possesses deep knowledge of New York Real Property Law, New York General Obligations Law, and federal regulations affecting property transactions. This specialized expertise allows attorneys to identify legal defenses, negotiate settlements, and litigate disputes with confidence. Representation by a skilled attorney often determines whether you recover damages, preserve title, or resolve disputes cost-effectively.

New York Real Property Law Article 4 governs conveyances of real property and addresses title requirements, deed validity, and recording procedures. New York General Obligations Law Article 5 covers contracts, including purchase and sale agreements and lease provisions. Additionally, New York Real Property Actions and Proceedings Law (RPAPL) establishes procedures for property actions, including ejectment, partition, and foreclosure. The best estate lawyer in NYC applies these statutes to protect your rights and advance your claims. Our firm provides comprehensive commercial and residential real estate legal services tailored to your specific situation.

Real estate disputes in New York City are typically filed in the Supreme Court, Appellate Division, First Department, which covers Manhattan and the Bronx, or the Appellate Division, Second Department, which covers Brooklyn, Queens, and Staten Island. Civil Court handles smaller property disputes under monetary thresholds. Each court maintains local rules that affect filing requirements, motion practice, and discovery procedures. The best estate lawyer in NYC understands these court-specific rules and applies them strategically. For example, Supreme Court in Manhattan requires compliance with Part 202 rules for commercial cases, while Brooklyn Supreme Court follows different scheduling procedures. Familiarity with the assigned judge's practices and the particular courthouse culture enhances case management and settlement negotiations.

Breach of purchase and sale agreements occurs when a buyer or seller fails to perform contractual obligations. Title defects, such as liens, encumbrances, or competing claims, may prevent clear conveyance of property. New York law provides remedies including specific performance, damages, and rescission. The best estate lawyer in NYC evaluates the contract language, the parties' conduct, and applicable case law to pursue the remedy that best protects your interests. Additionally, title insurance disputes may arise when insurers deny coverage for title defects. Experienced counsel negotiates with title companies or litigates coverage disputes to recover losses.

Boundary disputes arise when neighboring property owners disagree about the location of property lines or the extent of their respective rights. New York law addresses boundary disputes through survey evidence, deed interpretation, and historical use patterns. Adverse possession claims occur when a person occupies another's property openly and continuously for ten years or more, potentially acquiring legal ownership. The best estate lawyer in NYC gathers evidence, retains surveyors and experts, and presents compelling arguments to establish or defend property boundaries. Resolving these disputes protects your property rights and prevents future conflicts.

Real estate cases begin with a complaint or answer filed in the appropriate court. Discovery follows, allowing parties to exchange documents, take depositions, and propound interrogatories. Motion practice includes motions to dismiss, motions for summary judgment, and other tactical filings. The best estate lawyer in NYC drafts persuasive pleadings, conducts thorough discovery, and files strategic motions to advance your position. For example, a well-crafted motion for summary judgment may resolve the case without trial if undisputed facts favor your claim. Conversely, identifying deficiencies in opposing counsel's discovery responses may strengthen your negotiating position or trial strategy.

Many real estate disputes settle through negotiation or mediation before trial. The best estate lawyer in NYC evaluates settlement offers against the risks and costs of continued litigation. If trial becomes necessary, experienced counsel presents evidence persuasively, examines and cross-examines witnesses effectively, and makes compelling closing arguments. The following table summarizes key phases of real estate litigation in New York: