New York Real Estate Litigation Attorney

Last updated: June 2024 · By Albert Goodwin, Esq., Law Offices of Albert Goodwin

Real estate litigation is what happens when ownership, possession, or use of New York property is in genuine dispute and the parties cannot resolve it privately. Unlike a closing attorney who shepherds a friendly purchase to the finish line, a litigation attorney represents you in court — almost always the Supreme Court of the county where the property sits, and sometimes the Surrogate's Court when the dispute grows out of an estate.

This page is an overview of the most common property disputes we litigate in New York and the statutes that govern them. For several of these topics we maintain dedicated, in-depth pages, which are linked below. If you are facing one of these disputes, you can reach the Law Offices of Albert Goodwin at 212-233-1233 or [email protected].

The Disputes We Handle

• Partition actions to force the sale or division of co-owned property (RPAPL Article 9)
• Quiet title actions to remove a cloud on ownership (RPAPL Article 15)
• Adverse possession claims and defenses (RPAPL Article 5, §§ 501–551)
• Disputes among co-owners and inheritors of a family home
• Landlord-tenant proceedings and ejectment (RPAPL Articles 7 and 6)
• Easement and boundary disputes
• Mortgage foreclosure defense (RPAPL Article 13)

Where These Cases Are Heard

Most New York real estate disputes are filed in the Supreme Court of the county where the land is located — venue for actions affecting real property is fixed by CPLR 507 in the county where the property lies. Summary landlord-tenant proceedings, by contrast, are usually brought in a local civil court (the New York City Civil Court – Housing Part, or a District, City, Town, or Village court outside the five boroughs). When a dispute arises directly from a decedent's estate — for example, heirs fighting over the family home — the Surrogate's Court may have jurisdiction, and the choice of forum often shapes the strategy.

Partition: Forcing a Sale of Co-Owned Property

When two or more people own the same parcel as tenants in common or joint tenants and cannot agree on what to do with it, any co-owner may bring a partition action under RPAPL Article 9. This is one of the most common disputes we see, especially after a parent dies and several siblings inherit the family house — one wants to sell and cash out, another lives there and wants to stay.

New York law expresses a preference for actual physical division ("partition in kind") under RPAPL 901, but a single-family residence usually cannot be physically split. In that situation the court orders a partition by sale under RPAPL 915, and the net proceeds are divided according to each owner's fractional interest. Crucially, the court can adjust those shares through an accounting: a co-owner who paid more than their share of the mortgage, taxes, insurance, or necessary repairs may be credited, while a co-owner who lived in the home rent-free may be charged for the reasonable rental value ("owelty" and use-and-occupancy adjustments).

Learn more on our dedicated pages: partition action attorney, buying out a co-owner of an inherited residence, and what to do when a sibling refuses to leave the deceased parent's house.

Quiet Title: Clearing a Cloud on Ownership

A quiet title action under RPAPL Article 15 asks a court to declare who actually owns a parcel and to extinguish competing or stale claims that cloud the title. We bring these when an old mortgage was never discharged of record, when a deed in the chain of title is defective or possibly forged, when an estate sale leaves an heir asserting a claim, or when a recorded easement is disputed. The relief is a judgment that can be recorded to make the title marketable again.

RPAPL 1515 sets out what the complaint must allege, including a description of the property and the nature of the adverse claim. Because quiet title judgments bind the world as to the parties served, proper identification and service of every potential claimant — including unknown heirs — is essential and is frequently the part that goes wrong without counsel.

Adverse Possession in New York

Adverse possession allows a person who has occupied land that legally belongs to someone else to become its owner — but New York's requirements are stricter than most people assume, and the law changed significantly in 2008. To prevail, the occupation must be (1) hostile and under a claim of right, (2) actual, (3) open and notorious, (4) exclusive, and (5) continuous for the statutory period of 10 years (CPLR 212 and RPAPL Article 5).

The 2008 amendments to RPAPL 501 added a statutory definition of "claim of right" requiring a reasonable basis for the belief that the property belongs to the claimant, and RPAPL 543 created an exception providing that minor, non-structural encroachments — things like lawn mowing, planting, a fence, hedges, or shrubs — are deemed permissive and non-adverse. That exception defeats many boundary-creep claims that might have succeeded under the old common law. The applicable version of the statute depends on when the possession ripened, so the timeline of events matters enormously.

For a full discussion, see our dedicated page on adverse possession in New York.

Co-Owner and Inherited-Home Disputes

Many of our cases involve relatives who jointly own property — often a home inherited from parents — and now disagree about selling, living arrangements, or who pays the carrying costs. These disputes can be resolved through a negotiated buyout, a partition action, or, where one occupant has no ownership right at all, an ejectment proceeding under RPAPL Article 6. The right tool depends on the form of title and whether the occupant is actually a co-owner.

Related reading: a sibling living rent-free in the inherited house, offering a buyout of a jointly owned residence, responding to a buyout offer, and a beneficiary living in an inherited house.

Landlord-Tenant Litigation

New York landlord-tenant law is among the most heavily regulated in the country. Summary proceedings to recover possession — nonpayment and holdover cases — are governed by RPAPL Article 7 and, in New York City, overlaid by the rent stabilization and rent control systems and the sweeping tenant protections of the Housing Stability and Tenant Protection Act of 2019. Common flashpoints include security-deposit disputes (now capped at one month's rent under General Obligations Law § 7-108), the warranty of habitability (Real Property Law § 235-b), improper rent increases, and required notices. Strict compliance with predicate notice and service rules is what usually decides these cases.

If you are a property owner, see our page for attorneys for landlords.

Easement and Boundary Disputes

An easement gives someone a limited right to use another's land — for example, a right-of-way for access. Disputes arise over whether an easement exists at all, its scope, and whether it has been abandoned. Easements may be created by express grant, by implication, by necessity, or by prescription (which mirrors adverse possession's elements over the same 10-year period). Boundary disputes typically turn on the deed descriptions, a current survey, and the doctrine of practical location. Because the cost of litigation can quickly exceed the value of the strip of land in dispute, negotiated resolutions and recorded boundary-line agreements are often the better outcome.

Mortgage Foreclosure Defense

Residential mortgage foreclosure in New York is a judicial process governed by RPAPL Article 13, and it moves relatively slowly compared to other states. Borrowers are entitled to a mandatory settlement conference under CPLR 3408, and lenders must comply with the 90-day pre-foreclosure notice requirement of RPAPL 1304 and the proof requirements of RPAPL 1306 and 1302. Defenses commonly include lack of standing, defective notice, statute-of-limitations issues, and failure to comply with the conference requirement. These defenses can create time to pursue a loan modification, refinance, short sale, or reinstatement.

What the Process Typically Looks Like

A contested real estate case in Supreme Court generally proceeds through pleadings (summons and complaint, answer, counterclaims), motion practice, discovery (document exchange and depositions), and either settlement, summary judgment, or trial. A partition action that settles can resolve in several months; one that is fully contested through a referee's sale can take a year or more. Quiet title and adverse possession matters often turn on documentary evidence and surveys, which can streamline or complicate the timeline. Costs depend on the complexity and the degree to which the other side fights; we discuss fee structure candidly at the outset.

Frequently Asked Questions

How long does a partition action take in New York?

It varies. An uncontested partition that the parties settle can conclude in a few months. A contested action that proceeds through discovery, the appointment of a referee, and a judicial sale under RPAPL 915 commonly takes roughly a year, and longer if there are accounting disputes or appeals.

Can one co-owner force the sale of inherited property?

Generally yes. Any tenant in common or joint tenant has the right to bring a partition action under RPAPL Article 9, and if the property cannot be fairly divided in kind the court can order a sale. The other co-owners can avoid a sale by agreeing to a buyout.

Where do I file a New York real estate lawsuit?

Actions affecting title to or possession of real property are filed in the Supreme Court of the county where the property is located (CPLR 507). Summary landlord-tenant cases go to the local housing or civil court, and estate-related property disputes may belong in Surrogate's Court.

How long must someone possess land to claim adverse possession in New York?

Ten years of hostile, actual, open and notorious, exclusive, and continuous possession (CPLR 212; RPAPL Article 5). Since the 2008 amendments, a reasonable claim of right is required and minor, non-structural encroachments are treated as permissive under RPAPL 543.

About the Author

Albert Goodwin is a New York attorney and the principal of the Law Offices of Albert Goodwin. He is admitted to practice in the State of New York and concentrates on estate, trust, and real property disputes, including partition, quiet title, and inherited-home litigation. The firm maintains offices in Manhattan, Brooklyn, and Queens.

This article is general information about New York law and is not legal advice; outcomes depend on the specific facts of your case. To discuss a property dispute, call 212-233-1233 or email [email protected].