The “suburbs” mean “sub-divisions,” but do you understand what a “sub-division” is? When you purchase real estate in New York State, you should be sure you understand what it means to be purchasing in a sub-division. Take the typical scenario– Developer buys a large tract of land with the idea…
Articles Posted in Real Estate Hints and Help
Underground Storage Tanks (USTs) and the New York Real Estate Closing.
No matter who your attorney is when buying a parcel of New York State real estate, s/he should ask you whether you have investigated whether there are (or were) Underground Storage Tanks serving the heating needs of the house (or a Phase I search in a commercial transaction). An underground…
New York State Raises Filing Fees on Deed Recording.
In a transparent effort to raise fees, the New York State Legislature has instituted a fee hike on real property transfers, by increasing the filing fees for the RP-5217 Property Transfer Report. [See Real Property Law § 333(3), amended by L.2009, c.56, Pt. JJ, approved 4/7/2009]. The new fees increased…
Buyer Beware: of Bed Bugs?
There are various standard inspections that buyers of New York State real estate customarily order in their inspection process to buying a home. According to the pest control experts, there should be another– an inspection for Climex Lectularius or “common bed bug.” Everyone’s worst nightmare is a hotel room infected…
Interstate Land Sales Full Disclosure Act– Compliance in New York
As the distress in the real estate market continues in New York, more and more people are turning to their lawyers to carefully review and consider their real estate sales contracts for any “loop holes” available to justify the cancellation of a contract and to win the return of a…
Sale and Lease Back Options in Distressed New York State Real Estate.
In this era of distressed real estate, and even more distressed home owners, there are several life rings being thrown around including “sale-lease back” options. Under a typical “sale and lease back” situation an “investor” buys a person’s home and leases it back to them. The practice is both common…
Powers of Attorney in New York– New Forms and Protections
How much litigation is spawned by incomplete or suspicious powers of attorney issued to people in confidential or, at least, close personal relationships to the person giving the power to the agent. The opportunities for undue influence are unbelievable, and have lead to sweeping changes in the New York State…
Lands Underwater in the Hudson River Valley and New York State
Did you know that New York State has in the past, and continues to, sell, give, and transfer portions of navigable waters to interested upland owners. What does that mean? Ever wonder who owns the lands under the Hudson River? In river communities where water front property is valuable for…
Adverse Possession is NOT so easy to Prove in New York.
The Appellate Division, Second Department, has issued a recent ruling dismissing claims for adverse possession in a case involving neighboring residential lots in Brooklyn. Klose & Associates’ clients purchased several lots in Kings County and commenced construction on a multifamily dwelling. As construction proceeded, the clients had to litigate over…
Land Use Rules in New York Dictate Your Decisions
When you are buying your house did you consider whether you can have a professional office, whether you can add an addition to the north side, whether you can live in the third floor attic? These are all questions relating to the building and zoning laws both of New York…