7 Common Real Estate Law Issues In NY

Real estate is plagued with all sorts of issues. This is a short list of 7 the most common problems plaguing real estate. In almost all instances, a lawyer will be necessary to find a solution for these issues.

7. Adverse possession

This is a problem commonly caused by squatters on foreclosed or ignored properties. Squatters can exploit a law stating that somebody can become the legal owner of a property if they have stayed at least 10 years exclusively in that property; maintaining it and paying utilities on it.

6. Easement disputes

An easement is a right given to other people to pass through property they do not own. Easement disputes can come in various different forms and is especially common in rural agricultural areas where property divides aren’t as clear cut.

5. Boundary disputes

These are usually comprised of the following:

  • Fence line location

  • Location of irrigation line

  • Set back violations of garages or sheds

  • Location of survey markers

  • Location of driveway or access easements

The best way to prevent this would be to properly research a property before buying it and consult with a qualified real estate attorney.

4. Seller misrepresentation

This involves claims from the buyer after a deal is closed that the seller failed or refused to disclose important information regarding the condition of [parts of] the house or components within it (such as air-conditioning, heaters, etc.)

The ideal solution that buyers in instances like this strive for would be rescission. Rescission makes it seem as though the transaction never happened; the property goes back to its seller and the buyer gets all their money back and possibly reimbursed attorney fees as well.

3. Builder’s dispute

Disputes with builders are incredibly common and difficult to deal with. This usually involves added extras to the home that was never discussed but was added to the bill or a builder leaving a project before it reaches completion. Some unfortunate people get stuck with projects that went over budget by $250,000 and then have to deal with drawn out and stressful legal battles.

2. Probate disputes

When a person passes on without leaving a proper will disclosing how he wishes to divide his property between his heirs, arguments are sure to follow suit. This is probably the easiest to avoid amongst all these problems and doesn’t take as much time to prepare for.

1. Homeowners’ associations disputes

People who live in neighborhoods with a homeowners association long enough are likely to have problems dealing with them. While most problems are usually misunderstandings and are easily solved, a disturbing number of cases becomes serious enough to warrant legal help from an attorney.

Here’s a few things most homeowners associations set rules for:

  • Pets

  • Noise

  • Tools sheds

  • Display of political signs

  • Fences

  • Mailboxes

  • Landscapes

  • Home-based businesses

Dealing with any of these real estate issues usually involve drawn out legal battles and court appearances. A real good property lawyer is absolutely necessary in the beginning to ensure your interests are protected and that matters are solved in the quickest manner available.

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