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New York Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law, Business Law, Municipal Law and Small Claims for New York on
Q: Live next to busy grocery store. His customers keep crashing into my fence. His employees also damaged it by piling snow

This is a very dangerous situation for my family and my property. 3 to 4 times in the past, his customers crashed through or over his guardrail hit my fence, and ended up on my property. He has a poorly

constructed and damaged guard rail only 1 foot from my fence. It is not providing the... View More

Jack Mevorach
Jack Mevorach
answered on Jul 7, 2024

You may need a court order to resolve the situation.

Jack

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2 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Small Claims for New York on
Q: My landlord is demandind I remove my bird feeder on my private balcony, is that allowed?

Hello, I have a question regarding a tenant - landlord relationship. My landlord is demanding I remove my bird feeder, however nothing in the lease states I cannot have one. My bird feeder is causing no harm to any other resident, and no rodents or other pests are being attracted as a result of... View More

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2024

A landlord-tenant attorney could advise best, but your question remains open for three weeks. You're doing a kind thing for animals, especially in the winter, when food is scarce. However, your landlord would probably challenge your feeder on the grounds of disease prevention. Check with a L-T... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for New York on
Q: Can I get my house back if it is deemed a public nuisance
James L. Arrasmith
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answered on Jul 28, 2024

If your house is deemed a public nuisance, reclaiming it can be challenging, but it is possible. The first step is to understand the specific reasons why it was labeled as such. Often, this involves issues like safety hazards, health violations, or ongoing criminal activities.

To begin...
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2 Answers | Asked in Real Estate Law for New York on
Q: Can a lawyer with a broker license represent a buyer purchasing a home and also do the real estate closing?

I am purchasing a home and would like my father to be my buyer’s broker and real estate attorney for the closing. Can he be both in Suffolk County, N.Y?

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 23, 2024

You should ask your father. Why would you need a broker if you already settled on the property. You need a lawyer to be certain that the seller complies fully with the new Real Property Disclosure statute especially with the new mandatory flood disclosure.

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1 Answer | Asked in Real Estate Law and Probate for New York on
Q: When home is condemned who secures it?

My sister’s home was condemn she had lived with two other people who did elderly abuse on her. They were supposed to have taking care of her but they did not. The house went to hell. My sister died from them not giving her medicines. I live an hour away, was not able to get to the mountains due... View More

James L. Arrasmith
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answered on Jun 26, 2024

I'm sorry to hear about your sister's situation and the difficult circumstances you're facing. To address your question about securing a condemned home:

1. Generally, the property owner is responsible for securing a condemned property. In this case, that would likely be your...
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1 Answer | Asked in Real Estate Law for New York on
Q: Do I have an easement by necessity granting me access to my landlocked property?

The county road used to access my lakefront home doesn’t reach my property line; it ends about halfway through my neighbor’s property, at which point it turns into a private driveway that extends to my property.

The man who built my house over 100 years ago also owned the neighboring... View More

Jack Mevorach
Jack Mevorach
answered on Jun 21, 2024

Q: Do I have an easement by necessity granting me access to my landlocked property?

A. You may have.

Jack

1 Answer | Asked in Real Estate Law for New York on
Q: How to lookup property owner information by name/social in Puerto Rico free- Inherited a house but can’t find deed

The address was not included in the will

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 20, 2024

You are not going to like this but there is no simple free service to do so. https://protitleusa.com/PuertoRico#:~:text=In%20PR%2C%20only%20a%20notary,anywhere%20from%20%2425.00%20to%20%2450.00.

The address should be on property tax invoices, utility accounts, drivers license and so on.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I need to assign my lease; my request was denied and I'm not sure if it qualifies as "unreasonable" per tenant rights.

I submitted a request to assign my lease (one-year lease ending on August 31st). My reason for request is that I have to leave the state for a job, and cannot continue living in the apartment and paying rent for the remaining months. I have not had any issues paying rent in a timely manner (or any... View More

Jack Mevorach
Jack Mevorach
answered on May 28, 2024

This issue usually presents itself in the context of a rent stabilized tenancy. It appears that your first choice is to temporarily sublet and then, if that's not possible, terminate early. Am I correct?

Jack

3 Answers | Asked in Real Estate Law for New York on
Q: What are my options as POA to a parent to force the sale of a co-owned house without cooperation of the other party?

I am power of attorney for my parent. My elderly parent co-owns a house with a sibling. I am concerned that this property will be soon going into foreclosure as my sibling has not made a mortgage payment for many months and in fact my parent had made most payments prior to this year but has stopped... View More

Elaine Shay
Elaine Shay
answered on May 15, 2024

When a co-owner refuses to cooperate in the sale of real property located in New York, a partition action may be commenced to compel the sale of the property at auction. In most cases, the parties reach a settlement regarding the sale before an auction is actually required.

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1 Answer | Asked in Real Estate Law for New York on
Q: Is there any law prohibiting electronic payment of rent by Rent Stabilized tenants?

My landlord refuses to allow me to use their ClickPay system to make my Rent Stabilized payments although this method is used by their Market Rate tenants. I was told by their representative that they were prohibited from allowing this by law. I found that they are not allowed to REQUIRE tenants... View More

Tim Akpinar
Tim Akpinar
answered on May 14, 2024

A landlord-tenant attorney would have insight into this, but your question remains open for a week. Some questions do go unanswered, but you could try reposting under "Landlord-Tenant" for better chances of a L-T attorney picking up your question. Good luck

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: Sept 2022 I inherited my parents 1st home located in Burgh. April 17th the property surveyed and marked the 17th the

neighbors had thrown a rug over the marker by the 26th they had removed the survey markers and put up landcaping blocks. (neighbor is a landscaper) These people have harrassed my parents when they were alive and now harrassing me. I contacted both the Troy Police and survey co. Law 2005 chapter 730... View More

James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about the ongoing harassment and property issues you're facing with your neighbors. It sounds like a very stressful and frustrating situation, especially given the history with your parents. Here are a few thoughts and suggestions on how to proceed:

1. Document...
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1 Answer | Asked in Real Estate Law for New York on
Q: I bought out the co-owner of my house. He had a lien on the house from American Express. I want to pay it off.

I wrote to the address on the court order and to their attorneys. Neither one replied. What else can I do?

Michael David Siegel
Michael David Siegel
answered on Apr 13, 2024

Make a motion to vacate the judgment. That will get their attention.

2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: My late father did not include me in his life estate. My mom is the life tenant and my brother is the remainderman.

My brother recently passed away, now it's just me and my mom. Is there any way for me to be added to the life estate?

Carl Nelson
Carl Nelson
answered on Apr 8, 2024

You may share in whatever interest your mother has if she conveys it (all or a share) to you, but she cannot convey more than she has; so her life tenancy would not extend beyond her lifetime. Upon her death your brother’s heirs or those named in his will if he had one (whether that includes you... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: My stepbrother and I are Executors of our parents estate. I am to get the house which is paid for & 25% of money.

My stepbrother is to get 50 percent of the money, Here’s the issue:

My stepdad owed taxes on property that was sold in 2017. My attorney told me that since the house was bequeathed to me, that I am responsible for the taxes, unless the other executor agrees to help pay.

He said... View More

Benjamin Z. Katz
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answered on Apr 5, 2024

When someone leaves a Will, the Executor must follow the instructions contained within. Normally debts are paid from the estate before distributions are made. I am confused about your statement that the house was sold in 2017 and property taxes are still due.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: My home is in foreclosure process, but title has not been given over to the lender by the court. Am I able to sell.

I may need to sell for less than what the bank has as payoff amount.

Michael David Siegel
Michael David Siegel
answered on Apr 2, 2024

What you want to do is a short sale. The bank needs to approve it. Likely not worth your time or money.

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1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Elder Law for New York on
Q: Homeowner, a 20 yr mortgage, What is the legal strategy to confront Defendants' Note of Issue when my disc not complete

The Mortgage was sold and the new bank quickly changed the existing servicing plan, made payments to the city finance department on my behalf, aggressively sought to recover their disbursements by creating an escrow account and escalated my monthly mortgage pmt to more than five multiple of it has... View More

Jack Mevorach
Jack Mevorach
answered on Mar 31, 2024

Are you alleging that you are fully performing according to the terms of Promissory Note and Mortgage?

Jack

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My dad’s name was taken off the deed years ago. Is he still entitled to inherit if my Mom died years later w out a will

She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY

Elaine Shay
Elaine Shay
answered on Mar 22, 2024

A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml

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2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: How do I get the seller to see there’s no post possession in our contract? I think his lawyer is giving him bad advice.

We closed last Friday, and bc the money came to him today he thinks he has 7 days from today because his lawyer keeps repeating it. Can he bar us entry? Can we demand keys? Make him leave sooner? Looking for options

Peter J. Weinman
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answered on Mar 5, 2024

Did you really leave a closing without keys/possession and without a formal post-closing possession agreement?

What money did he receive today? I hope you're not talking about an escrow to ensure his performance.

I know you think HIS lawyer is giving him bad advice, but what does YOUR lawyer say?

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1 Answer | Asked in Real Estate Law for New York on
Q: How do I know if I qualify in a class action lawsuit?

I've heard that there's a class action lawsuit against some real estate businesses for artificially increasing their commissions. I bought a house in 2021. It went on the market for $230K and I agreed to pay that since it was a house I really wanted. A few days later, my agent phoned and... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

It seems your lawyer did not negotiate very well. One could say that as long as the Seller believed you would pay more than 230,000, they returned to your broker with the nonsense that someone made a better offer. They could have taken the better offer. For all you know, you were bidding against... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Mother died 20 yrs ago no will all children but 1 deceased but the in hospice. Condo board brought Public Administrator

In to take over granted 6 months. Can a family member get power of attorney to get condo back in Surrogate court for the child so nephews don't get evicted.

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as... View More

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