Sophisticated Representation For

The Most Complex Projects

Sophisticated Representation For

The Most Complex Projects

  1. Home
  2.  » 
  3. Real Estate
  4.  » What is a title dispute, and how do I solve one in New York?

What is a title dispute, and how do I solve one in New York?

On Behalf of | Jun 13, 2024 | Real Estate |

In New York commercial real estate, a title dispute emerges when multiple parties stake conflicting claims or rights to a specific property. These disputes can encompass issues like who rightfully owns the property, possession, property use, boundary disputes and many other aspects related to property use and enjoyment.

Types of title disputes

Common types of title disputes are boundary disputes, adverse possession claims, challenges over liens and conflicts concerning easements and encumbrances. Each type necessitates a distinct approach.

Resolving title disputes

A primary method employed to resolve title disputes is through a legal action termed a quiet title action. This litigation is initiated in the Supreme Court of the county where the property resides. The objective of a quiet title action is to conclusively establish an individual or entity’s rightful ownership against all potential claimants, thereby “quieting” any challenges to the title.

The process of a quiet title action

To undertake a quiet title action effectively, the process typically begins by filing a formal complaint with the court. Then, you must provide notice to all relevant parties with potential claims to the property. And, once the case begins, you present compelling evidence supporting the claim of ownership, which will ultimately secure a court judgment that settles all disputes pertaining to the property’s title.

Alternative resolution methods

Apart from quiet title actions, alternative avenues to resolve title disputes in New York encompass negotiation, mediation, arbitration and additional forms of litigation. The appropriate method is selected based on the specific circumstances surrounding the dispute.

Navigating title disputes in New York’s commercial real estate landscape demands a nuanced understanding of the dispute’s nature, prevalent causes, diverse types and the available methods for effective resolution. By leveraging these insights, businesses and stakeholders can adeptly address and resolve complex title disputes to safeguard their real estate interests in the competitive New York market.