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New York Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: I am in court hearings with my neighbor. Please tell me how much court proceedings cost.

This is a civil court. This is a land issue.

A neighbor wants to use my part of a property. There is no easement.

Tim Akpinar
Tim Akpinar answered on Jul 6, 2020

One of the real estate attorneys here could answer your question in the best manner, but you await a reply for three days. It's unlikely that an attorney could give you a turnkey price based on the brief description provided. An attorney might want to set up a paid consult to learn what the... Read more »

2 Answers | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: how do I go about starting adverse possession /obtain deed on attached lot?

Bought a home 10 years ago. Title company at our closing found that attached lot was never transferred to previous owner some 30 years prior. The lot was mistakenly put in previous owner.s name. Previous owner used as a yard , cared for it, and paid taxes on it for 30 plus years (tacking). I... Read more »

Michael David Siegel
Michael David Siegel answered on May 11, 2020

An adverse possession case proceeds in a manner governed by the Real Property Actions and Proceedings Law. Among other things, you may be required to find the next of kin of the property. There are issues with your case. For adverse possession, you need to believe you own the property. It would... Read more »

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1 Answer | Asked in Business Law, Real Estate Law and Land Use & Zoning for New York on
Q: Is it feasible to open a home business in NY as a recording studio that takes up less than 25% of my home?

Hello, I am looking to start a home business in NYC. I researched and it seems to be possible under the Multiple Dwelling Law, due to the creative nature of the business (a home recording studio for music producers). It will take up less than 25% of my home and only one person will be in at a time.... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 28, 2020

This is a relatively in-depth question that would need some research and additional details from you. You would need to check building rules, bylaws, zoning, multiple dwelling law compliance (if applicable), rent regulatory rules (if applicable) etc. Most likely though it is not permitted if you... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: My dad has land in P.R. and passed away in June 2018. How can I go about gathering or claiming information on that land?

It is my understanding that my father and his siblings each purchased a piece of land in PR at the same time more than 30 years ago.

My father was NOT married when he purchased the property. He then went on to marry my mom whom he divorced in 1990 before passing in June, 2018.... Read more »

Elaine Shay
Elaine Shay answered on Mar 19, 2020

It would be better to post your question about how to find information about property ownership in a board for Puerto Rico where the property is locate. If you intend to file to probate/administer your father's estate, the proper place to file will depend on where your father resided at the... Read more »

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for New York on
Q: Width of utility easement is unclear

During a title search on a property a permanent Town sewer utility easement was recovered. In the document it says «...grant and release PERMANENT EASEMENT TEN (20) feet in width across the lands..”

Making it confusing what is the width 10 or 20 feet?

Is it necessary to correct... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Jan 7, 2020

Greetings. This appears to be a scrivener's error. You will need an attorney to reform the document. The attorney will file an action in court asking the court to determine whether 10 or 20 feet was intended by the parties that created the easement. The Town will be joined as a party to... Read more »

1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for New York on
Q: I have dogs trespassing on my hunting land. How do I force the owners to restrict this? DEC wont do much, wrote 1 ticket

numerous pictures of the dogs, all over my property. Owners were asked numerous times to tie their dogs up. That didnt work so I had DEC go speak to them and they were given a warning. Didn't work, so DEC went back and issued a ticket. Didn't work, now DEC is telling me they cant do... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 18, 2019

You can sue the owners civilly and also seek a temporary restraining order to get immediate relief pending the outcome of the lawsuit.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: Sold house in 2011. A cert of occ was never issued for an added structure prior to sale. is the sale valid?

Added 1st floor sun room to single family house (with permit) in 1983. Unknown to original owner, inspection for remodel was never recorded by bldg dept. Sold house in 2011. An agrmnt with buyer and lender was made for buyer to procure inspection to receive the required CO. Agrmt obligation... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 11, 2019

Sales are generally "as is" unless there is an agreement to the contrary. You referenced some escrow agreement. The sale will be governed by that document. No one should close without a valid certificate of occupancy. Whatever the buyer did (I am unsure if you are buyer or seller) was a mistake.

1 Answer | Asked in Civil Litigation and Land Use & Zoning for New York on
Q: Where can I find settled case law for maintenance responsibility for an easement or deeded right of way in NYS.

We live on a private road which is a deeded right of way for ingress and egress for all property owners. Since approximately 1975 there has been Road dues collection to pay for the upkeep on the road. In the late 1990’s the property owners by majority vote decided to raise the dues to $100.00... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 29, 2018

You can sue. Sounds like a small claims case against each owner.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: I have used neighbors land for loading and unloading personal affects, for 48 years without permission.

The loading and unloading area is a driveway which is property of this neighbor

Elaine Shay
Elaine Shay answered on Oct 26, 2018

Your question?

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1 Answer | Asked in Construction Law, Family Law, Land Use & Zoning and Real Estate Law for New York on
Q: how do you apply a mother-daughter to a single family house?
Elaine Shay
Elaine Shay answered on Oct 2, 2018

If you are asking how to allow use of a one-family house as a two family, you would have to amend the certificate of occupancy. This is sometimes but not always able to be done and may involve the services of an architect, expeditor or other other professional as well as an attorney.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Legal Malpractice for New York on
Q: Can a mortgage be discharged if there are still liens/Judgments on it?

We are in the process of buying a home and the process has been dragging out. we are now a full month passed our scheduled closing date. We have multiple stories coming from the lawyers stating there are judgments on the home. We waited 3 weeks for the lawyer to tell us the seller agreed to pay 3x... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 11, 2018

Do you have a lawyer? Do you have a title company? These are issues that you as a layman do not handle.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for New York on
Q: We frequently have our only exit to the house blocked. Sometimes by bicycles and chairs, often by partiers and smokers.

We basically often have to ask for permission from people intoxicated and stoned to enter or leave our porch. Many do not live in building. Partying with neighbors. They have other exits. They are unfriendly. One of them down there has already threatened to go ballistic on us. Police say these... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 12, 2018

This would violate your lease, but if police will not do anything, your recourse is to leave by breaking your lease. Be sure to document with photos these issues so you can show a court later if needed.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: Can an easement be easily terminated if it is no longer necessary?

My husband and I purchased our home 1 year ago. There was an easement put in place 7 years ago for our neighbor to be able to build a very wide driveway to access her garage. That neighbor has now moved and the current resident converted the garage into a space for her many exotic animals. Since... Read more »

Michael David Siegel
Michael David Siegel answered on May 10, 2018

The easement can be terminated. It requires a Supreme Court case.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Foreclosure for New York on
Q: house in foreclose from my ex spouse who moved out. Who’s responsible for plumbing issues?
Michael David Siegel
Michael David Siegel answered on Mar 13, 2018

The one who needs to use the toilet.

1 Answer | Asked in Land Use & Zoning and Environmental for New York on
Q: Thousands of rr ties on property in Ontario Co NY purchased approx 10 years ago.

DEC or EPA says they have to be removed Need advise on removal and who pays. What to do if they cannot pay??

Greta Katrin Kolcon
Greta Katrin Kolcon answered on Feb 22, 2018

Historically, railroad ties were often treated with creosote to preserve wood from rotting quickly. The EPA has determined that coal tar creosote is a probable human carcinogen, meaning that it is an agent directly involved in causing cancer.

Although there are special rules for railroads...
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1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for New York on
Q: Condo sponsor not giving me my assigned storage space

I closed a new condo last week with 2 Assigned Parking slots and 1 storage slot. I have a duly signed contract, recorder deed and a issued parking/storage license. However, the condo sponsor in not giving keys for the storage and says its a assigned to someone else

How do I enforce? What... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 22, 2018

If the space is licensed and not deeded you need to sue for breach of contract. The papers will govern.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: I am a homeowner in Long Island, NY. We have a friend of the family who’s fallen on hard times and is living with us.

Someone filed a “complaint” with code enforcement claiming we have an unapproved tenant. However it is not a full apartment and he is not paying “rent.” Do I have a right to see the complaint or confront the accuser before having to allow town officials in my home for an invasive and... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 19, 2017

Seems like BS. Just go to the Town and say what you said here.

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for New York on
Q: IN WHICH BRONX COUNTY COURT AREA CAN I OBTAIN INJUCTION TO STOP STREET CONSTRUCTION THAT DRILL INTO MY HOUSE WHAT FORMS?

UNANNOUNCED AND FOR 2 WEEKS CONTRUCTION WORK ON OUR BRONX STREET BLOCK CLAIMING UPGRADING YOUR GAS LINE. SHOCKINGLY THIS DAY I WOKE TO FIND THAT THEY HAVE DRILLED A MIGHTY HOLE ACROSS SMASHING SIDEWALK WHICH I HAD PAID FOR DIRECTLY INTO MY OWNER OCCUPIED TWO FAMILY HOUSE INTO THE FOUNDATION ALSO... Read more »

Barry Eran Janay
Barry Eran Janay answered on Oct 17, 2017

You most likely would have to file a notice of claim with the NYC Comptroller First and then file a suit in the NY Supreme Court, Bronx County.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for New York on
Q: what are my rights as a sub-leaser who has had property damage from a leak in the building?

1299.00 computer - broken

300.00 bed stained through water damage

Barry Eran Janay
Barry Eran Janay answered on Aug 29, 2017

File small claim against landlord and tenant who caused the problem.

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