Real estate disputes are rarely simple. Whether it’s a conflict over property boundaries, a broken contract, or a dispute between landlord and tenant, these legal matters can become highly technical and emotionally charged. At 59Law.com, our experienced attorneys help individuals, families, investors, landlords, and businesses resolve real estate disputes through careful strategy, deep knowledge of state laws, and practical legal insight. Contact a dedicated Rockland County real estate litigation lawyer from our firm today so we can get started working on your case.
Real estate litigation encompasses a wide range of issues, each with its own set of rules and remedies. In Rockland County, some of the most common disputes that lead to litigation include:
Breach of Contract
Real estate transactions rely heavily on contracts, such as purchase agreements, lease agreements, construction contracts, and more. When one party fails to meet the terms of the agreement, whether by failing to pay, backing out of a deal without cause, or not delivering clear title, a breach of contract claim may arise. In New York, courts typically require strict adherence to written agreements, especially in real estate, which is governed by the Statute of Frauds. That means oral agreements rarely hold weight in court when real estate is involved.
To successfully bring a breach of contract claim, a plaintiff must prove the existence of a valid contract, performance by the plaintiff, a material breach by the defendant, and damages resulting from that breach. These cases often involve requests for specific performance–a legal remedy where the court forces the breaching party to complete the deal, especially when a unique property is at stake.
Boundary Disputes and Easements
Disagreements over property lines, access rights, and shared driveways are common in suburban and semi-rural areas like those found throughout Rockland County. These types of disputes often involve easements–legal rights that allow someone to use a portion of another person’s land for a specific purpose. Disputes can also arise over fences, encroachments, or access roads.
Resolving these matters may require a surveyor’s report, title examination, or historical deed research. In New York, the law recognizes different kinds of easements, including express easements, easements by necessity, and prescriptive easements–the latter occurring when someone has openly used a portion of another’s land for at least ten years without permission. Litigation in this area often seeks declaratory judgments, quiet title actions, or injunctive relief to prevent ongoing interference.
Landlord-Tenant Litigation
While many landlord-tenant issues are handled in local housing courts, some escalate to full-scale litigation. This is especially true in cases involving commercial leases, rent disputes involving large sums, or claims of constructive eviction. Tenants may sue landlords for breach of the warranty of habitability, while landlords may sue for unpaid rent or property damage.
In New York, residential tenants are guaranteed certain rights that cannot be waived in a lease. For example, a landlord must maintain a livable, safe, and clean apartment. Commercial tenants, on the other hand, generally have fewer protections, but their rights and duties are usually well-defined in their lease agreements. Disputes in this area often hinge on lease interpretation and the timing of notices or repairs.
Real estate litigation in New York typically follows a multi-step process that begins with an investigation and demand letter and, if unresolved, progresses through pleadings, discovery, motions, and potentially a trial. Many cases settle before trial, but it’s essential to be prepared for courtroom litigation from the outset.
The statute of limitations plays a crucial role. For example, breach of contract claims must be filed within six years in most cases. Claims related to fraud or misrepresentation may have a different statute of limitations, sometimes as short as two years from discovery. If you wait too long, your case may be dismissed regardless of its merits.
In many cases, especially those involving complex transactions or large sums of money, expert witnesses, such as appraisers, surveyors, or forensic accountants, are brought in to provide critical analysis and testimony. The discovery phase often uncovers hidden details, such as improperly recorded deeds, inconsistent communications, or financial discrepancies that help shape the case strategy.
Mediation and arbitration are also common alternatives to court. In fact, some real estate contracts in New York require arbitration as a first step before litigation can proceed. An experienced litigation attorney can review your contract to determine whether alternative dispute resolution (ADR) is mandatory or advisable.
If you’re dealing with a real estate dispute in Rockland County, don’t wait until it’s too late to act. The sooner we get involved, the more options you’ll have. At 59Law.com, we’re here to guide you through the process, defend your rights, and resolve your case efficiently and effectively. Contact a real estate litigation lawyer today for a confidential consultation.
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