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Articles Posted in Real Estate Litigation

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What is Title Insurance and Why is it Such a Hot Topic in New York?

Almost universally as a house closing or refinance closing approaches, I am asked why the itemized cost for “title insurance” is so high. Sometimes, clients even tell me that they do not have to pay for “title insurance” because they are putting more than twenty percent down, but have confused…

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Home Improvement Protections Exist in New York, Use Them.

Do you hire a doctor or a lawyer without checking their licenses, their pedigree, and their referrals? So, why is it that when it comes to investing in their greatest asset (the home), so many people become victims of dishonest contractors who demand large advance payments for projects, and then…

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When is a “sign” not a Sign in the Village of Rhinebeck, New York?

[Dutchess County, New York]. When is a television monitor a “sign,” under Rhinebeck Zoning Enforcement Regulations. That is a battle being waged between our client and the Village of Rhinebeck, New York. Since this is a pending matter, we will permit the Poughkeepsie Journal newspaper account to speak for itself.…

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Tools to Grieve your Taxes Exist– the Government Provides Them in Dutchess County, New York.

Real Property Taxes are at the front of everyone’s mind these days because property values in New York have declined so dramatically. Did you know that the tools to grieve your taxes are often right at your finger tips. For example, in Dutchess County, the Real Property Tax Service Agency’s…

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Adverse possession, Walling decision, and its application in the 1st, 2nd, 3rd Departments.

As a result of recent Court of Appeals and Statutory Changes in New York, litigation and law suits relating to adverse possession are wending their way through trial and appellate courts throughout the state. Adverse possession is a method of gaining title to property. Although not the favored means to…

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New York’s Seizure of Private Land for Public Good?

Last month, the New York Court of Appeals ruled that the state of New York may legally seize private land for private developers use. In the 6-1 decision, the court allowed the seizure of a 22-acre plot located in downtown Brooklyn – effectively allowing the Atlantic Yards Project to proceed…

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Recent Highlights in the Neighbor Wars-Adverse Possession

This blog has identified recent legislation in the State of New York discussing adverse possession. Adverse possession is a method of gaining title to property based upon use of the property (not written). Although not a favored means to procure land, depending upon the facts a person may acquire title…