People can acquire ownership of property through either possession or title. Possession is when someone physically controls the property, while title refers to whoever owns the documentation for the property. Property lawyers help clients transfer ownership of real and personal property. They understand the nuances of property law and can help you understand complex legal contracts.
Real estate law
Real estate law encompasses a wide range of topics related to land ownership and use. It includes issues like title, property taxes, and mortgages. It also covers other aspects of a property, such as rights to the air, water, and other natural resources on it. This area of law is very complex and requires a great deal of reading, writing, and critical thinking skills.
A good property lawyer will be able to navigate the complexities of real estate law and can help their clients make informed decisions. They will be able to advise them on the best course of action, such as filing lawsuits or negotiating contracts. They will also be able to explain the legal jargon in a contract so that their clients understand what they are signing.
A good NYC real estate lawyer will have a strong understanding of the local laws regarding mortgages, deeds, and insurance titles. They will also have experience working with a variety of residential real estate transactions, including purchase and sale agreements, home inspections, and mortgage financing. They will also be able to negotiate with various experts and professionals who are involved in the process, including lenders, mortgage brokers, real estate agents, and investors. They will be familiar with zoning regulations and other state and town laws that may affect the transaction.
Landlord and tenant law
Landlord–tenant law involves the rights and obligations of landlords and tenants. It includes laws governing residential and commercial rental property, lease agreements and other forms of tenancies. It also outlines the rules and procedures for terminating a tenancy and recovering monetary damages. Landlords are required to keep their properties in a safe, habitable condition and to supply any appliances and services specified in the lease. They must also provide reasonable notice before entering a rental unit, except in emergencies or if the lease permits it. In addition, landlords must not discriminate against renters on the basis of race, religion, age, sexual orientation, disability or occupation.
If a tenant fails to pay rent, the owner may file a non-payment or holdover proceeding in court. These proceedings require that the owner serve a written demand for rent and specify how much is owed. It must also include a breakdown of the amount due by month. Landlords must serve the demand within 14 days of filing the complaint.
Most states require landlords to try to mitigate their monetary or economic damages if they lose a tenant. This means they must re-advertise the property, show it to potential renters and not charge unreasonable amounts of money in an attempt to quickly regain occupancy. If they fail to do so, they are liable for a portion of the actual damages incurred by the tenant.
Real estate litigation
Real estate litigation is the course of action that people take to resolve severe disputes dealing with residential and commercial property. The main dispute is that of a breach of contract and it could be anything from the fact that the seller failed to disclose non-evident issues or facts about the property to the buyer before the sale, to something more serious like misrepresentation and fraud.
A real estate lawyer is the best person to help settle such disputes and a property law firm is well equipped to deal with any type of legal conflict that revolves around a specific piece of land or building. They will translate the legal jargon that is used in a contract of sale into plain language and explain what exactly the client needs to do in order to satisfy the contract.
The legal experts in a real estate practice will also be able to help clients in disputes about the terms of a mortgage, eviction actions and foreclosures for both commercial and residential properties. They will also defend the rights of commercial tenants and landlords and they will represent developers, construction companies and financial institutions in major real estate transactions.
Real estate disputes are complex and they involve several stakeholders with different business motivations. They will need to be resolved efficiently and they should not be left unresolved. The legal experts in this field will be able to convert such disputes into judgments, awards and settlements.
Property tax law
Property tax law includes real estate tax assessment, abatement and exemption matters. Our firm has extensive experience representing owners of commercial, residential, industrial and governmental properties in challenging the real estate tax assessment of their property through protest via the Real Property Tax Commission and Article 7 proceedings (also known as “tax certiorari”) in Supreme Court, all with the goal of reducing the property’s assessed market value and consequently its real estate taxes. We also handle applications for property tax exemptions from the New York City Department of Finance. In addition, we have handled all manner of real estate tax protests and appeals around the country.