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Real Property Repossession Lawsuit | Legal Concept and Filing Procedures
Author : Tal Hirshberg, Esq.A New York Real Property Repossession Lawsuit allows rightful property owners to reclaim land or buildings that are being unlawfully occupied. This article explains what the lawsuit entails and how to navigate the legal process step by step.
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1. New York Real Property Repossession Lawsuit: What It Is
A repossession lawsuit is a civil action initiated by a property owner to recover possession of land or real estate that is occupied without legal right.
New York Real Property Repossession Lawsuit: Is Litigation Always Necessary?
Pursuing a lawsuit can be time-consuming and costly. Therefore, property owners often consider alternative options such as offering to sell the property to the occupant or demanding reasonable use and occupancy fees before proceeding with court action.
2. New York Real Property Repossession Lawsuit: Key Pre-Filing Steps
Before filing the lawsuit, it is essential to review certain legal conditions and prepare accordingly.
New York Real Property Repossession Lawsuit: Adverse Possession Review
In New York, an occupant may claim ownership through adverse possession under specific conditions. Under N.Y. Real Property Actions and Proceedings Law (RPAPL) § 501 et seq., if someone has openly, continuously, and exclusively possessed land for 10 years or more, they may gain legal title—particularly if they have paid property taxes and maintained the land.
If such a claim is possible, the rightful owner must be prepared to disprove the adverse possessor's intent or statutory requirements.
New York Real Property Repossession Lawsuit: Filing for Temporary Restraining Orders
Before initiating the main lawsuit, the owner may apply for a preliminary injunction or temporary restraining order (TRO) to prevent the occupant from transferring possession or altering the property condition. This aligns with CPLR Article 63 for injunctive relief.
3. New York Real Property Repossession Lawsuit: Step-by-Step Procedure
Once legal prerequisites are addressed, the formal court process can begin.
New York Real Property Repossession Lawsuit: Complaint and Evidence Filing
The plaintiff must file a verified complaint identifying the property, legal ownership, and nature of the wrongful possession. Documents such as recorded deeds, tax bills, and any communication with the occupant should be submitted as supporting evidence.
New York Real Property Repossession Lawsuit: Defendant’s Answer
After service of the summons and complaint, the defendant has 20 or 30 days to file an answer, depending on service method. If the defendant fails to respond, the plaintiff may seek a default judgment. Otherwise, the case proceeds to discovery and trial.
New York Real Property Repossession Lawsuit: Trial and Judgment
At trial, the owner must prove legal title and wrongful occupancy. The defendant may counterclaim based on a lease, license, or adverse possession. The court may issue a judgment for possession and damages. If necessary, the plaintiff may apply for a writ of assistance to enforce the judgment.
4. New York Real Property Repossession Lawsuit: Importance of Legal Counsel
Legal assistance is highly recommended due to the complexity of ownership issues, evidentiary burdens, and procedural rules.
New York Real Property Repossession Lawsuit: When Professional Help Is Essential
Attorneys assist with:
- Verifying property ownership
- Evaluating adverse possession risks
- Filing injunctions and complaints
- Responding to defenses and counterclaims
- Enforcing judgments and arranging lawful evictions
Sample Checklist: New York Real Property Repossession Lawsuit Preparation
| Document Type | Purpose |
|---|---|
| Recorded Deed | Proves ownership |
| Tax Payment Records | Refutes adverse possession if continuously paid |
| Photographic Evidence | Shows recent condition and possession |
| Communication Logs | Proves request for surrender or negotiation |
| Affidavits or Witness Statements | Establishes lack of consent or interruption |
5. New York Real Property Repossession Lawsuit: Summary
Repossession lawsuits serve to restore legal rights to landowners. However, they involve nuanced statutory interpretation and procedural steps, especially regarding adverse possession and injunctive relief. Engaging an attorney can significantly improve the chances of recovering your property while minimizing legal risks.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.
