Property

The government must follow a formal eminent domain process: provide written notice, make a good-faith offer, file a petition in court, hold a public hearing, and obtain a court order confirming the taking — all while proving it serves a 'public use' and paying just compensation.

Yes, New York can take your property through eminent domain for a 'public use' if it pays 'just compensation,' as authorized by the state constitution and Eminent Domain Procedure Law.

Just compensation in a New York condemnation case is generally the fair market value of the property taken, determined as of the date of the vesting of title or the commencement of possession, whichever is earlier.

Yes, you can challenge a condemnation in New York if you believe it is not for a 'public use' — courts review whether the taking serves a legitimate public purpose, though deference is given to the condemning authority's determination.

Yes, under New York law, the government must pay for your reasonable relocation costs if your property is taken by condemnation.

Yes, you can challenge the amount offered in a condemnation proceeding in New York by filing an answer and demanding a jury trial on just compensation within 30 days of service of the petition.

In New York condemnation cases, you may recover damages beyond fair market value for items like business goodwill, moving expenses, and severance damages — but only if specific statutory conditions are met.

Yes, New York allows condemnation for private economic development under limited circumstances, but only if the project serves a 'public use' as defined by law and court rulings.

To claim adverse possession in New York, you must openly, notoriously, exclusively, continuously, and hostilely possess the land for 10 years without the owner's permission.

Yes, but only if you openly, continuously, and exclusively occupy the property for at least 10 years without the owner’s permission and meet all legal requirements.

Yes, under New York law, your neighbor’s fence on your property could become theirs through adverse possession — but only if they openly, continuously, and exclusively use the land for at least 10 years, with intent to claim it as their own.

The 2008 reform to adverse possession in New York tightened requirements by adding a 'good faith' element, requiring claimants to reasonably believe they own the property and mandating written documentation for certain claims.

Yes, a condo board in New York can restrict what you do with your unit — but only within limits set by the condominium’s declaration, bylaws, and state law.

New York's Condominium Act (Real Property Law Article 9-B) establishes the legal framework for creating, operating, and governing condominiums, including unit ownership rights, common interest obligations, and board authority.

Yes, a contractor can file a mechanic’s lien on your home in New York if you haven’t paid for labor or materials used to improve the property — but only if they follow strict legal deadlines and procedures.

In New York, you must file a mechanic's lien within 8 months after completing your work if you're a contractor on a private improvement; for residential projects of 1–4 family dwellings, the deadline is 4 months.

To file a mechanic's lien in New York, you must serve a Notice of Lien on the property owner and file it with the county clerk within 8 months (or 4 months for residential projects) of last furnishing labor or materials.

Yes, New York follows a race-notice recording system for real property interests.

If you buy property from someone without valid title in New York, you generally do not acquire legal ownership—even if you acted in good faith—unless you qualify as a bona fide purchaser for value without notice, which is rare in real estate due to recording requirements.

A lis pendens is a notice filed in New York real property records warning that a lawsuit affecting the title or possession of that property is pending. It can be filed only in actions involving real property rights, such as foreclosure, partition, or specific performance of a real estate contract.

Recording a deed in New York gives it priority over later-recorded or unrecorded interests in the same property and provides constructive notice to the public.

Title insurance in New York covers defects in title that existed before the policy date—like liens, easements, or ownership disputes—but does not cover future events, zoning violations, unrecorded agreements, or physical property issues.

Yes, you can voluntarily grant an easement to your neighbor in New York by signing a written agreement and recording it with the county clerk.

A prescriptive easement in New York is a nonpossessory right to use another person’s land, acquired by open, notorious, adverse, continuous, and uninterrupted use for at least 10 years.

Yes, in New York, any co-owner of real property can file a petition to compel a partition sale or division of the property, regardless of how the ownership is held.