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Nacmias Law Firm, PLLC

Litigation

Property Litigation

We litigate property disputes for NYC owners — boundary and easement conflicts, adverse possession, partition actions, neighbor encroachments, construction-damage claims, and quiet-title suits — in NY Supreme Court across all five boroughs.

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Overview

What you need to know about Property Litigation.

The basics, what we do, and the issues we see most.

What is property litigation in NY, and which disputes go to court?

Quick Answer

NY property litigation covers conflicts between adjacent owners (boundary, easement, encroachment), conflicts between co-owners (partition under RPAPL Article 9), title-clearance proceedings (quiet title under RPAPL Article 15), and construction-related damage claims. Most matters proceed in NY Supreme Court. The CPLR three-year statute of limitations (CPLR § 214(4)) applies to most damage claims; possession-based claims have longer statutes.

Services we offer for Property Litigation.

Property disputes between neighbors or co-owners are often expensive both in legal cost and in ongoing relationship damage. We aim for fast, defensible resolutions — typically negotiated settlements with recorded instruments — and litigate when the other side won't cooperate. Here's what we do for NYC property owners.

  • Litigate boundary disputes — survey conflicts, fence-line disagreements, encroachment claims
  • Pursue and defend easement claims — express, implied, prescriptive, easements by necessity
  • Handle adverse possession claims under RPAPL Article 5 (10-year hostile, open, exclusive possession)
  • Pursue partition actions under RPAPL Article 9 — co-owner forced sale or division
  • Pursue quiet-title actions under RPAPL Article 15 to clear clouded title
  • Litigate construction-damage claims — adjacent-property damage, vibration, dewatering, water intrusion
  • Pursue and defend trespass, nuisance, and continuing-trespass claims

Scenarios we see most.

  • Boundary line disputes — fences, retaining walls, garages, driveways crossing property lines
  • Easement disputes — driveway easements, party walls, utility easements, light/air easements
  • Encroachments — physical structures (decks, fences, eaves) crossing onto neighboring property
  • Adverse possession claims (defending against a neighbor's claim or asserting your own)
  • Co-owner disputes — partition actions when joint owners can't agree on sale or use
  • Construction adjacent-damage claims — excavation, foundation work, dewatering causing damage
  • Continuing trespass and nuisance — overhanging trees, water runoff, noise/odor
  • Title disputes requiring quiet-title action under RPAPL Article 15

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Small Businesses

Contract disputes, partnership disagreements, vendor litigation.

Individuals

Contract claims, property disputes, consumer-protection matters.

Property Owners

Property litigation, easement disputes, construction-defect claims.

Employees

Employment-related claims, wage disputes, wrongful termination.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Pre-suit investigation — survey commissioned, title chain pulled, photographic record

  2. 2

    Step 2 of 5

    Demand letter or formal notice; settlement attempt (often with recorded boundary-line agreement)

  3. 3

    Step 3 of 5

    Pleadings and any preliminary injunction or TRO (CPLR § 6301) to preserve status quo

  4. 4

    Step 4 of 5

    Discovery — surveyor depositions, expert reports, prior-owner statements

  5. 5

    Step 5 of 5

    Mediation, settlement with recorded resolution, or trial

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

My neighbor's fence is over my property line. What can I do?

First step: get a current survey from a NY-licensed surveyor confirming the actual boundary. With survey in hand, your options range from informal demand to formal notice to litigation. The remedy in litigation: an action to remove the encroachment plus damages. The risk: if the encroachment has existed for 10+ years and the neighbor can show hostile, open, exclusive, continuous possession, they may have an adverse possession claim. Don't let encroachments age — the longer they sit, the harder removal becomes. Boundary-line settlement agreements (recorded against both deeds) are the typical resolution.

Question 2

What is a partition action and when do I need one?

A partition action under RPAPL Article 9 is a court proceeding to divide jointly-owned real property — used when co-owners can't agree on sale, use, or division. The court can order either physical partition (rare for urban property) or partition by sale (the property is sold and proceeds divided per ownership shares, after expense allocations). Common triggers: divorcing co-owners; siblings inheriting jointly; business partners in failed real-estate ventures; tenants-in-common with conflicting plans for the property. The process typically takes 9-18 months.

Question 3

My adjacent property is doing construction and damaged my building. Who pays?

The general rule is that the developer/contractor is liable for damage caused to adjacent property — both as a matter of common law nuisance/negligence and under specific NYC building-code obligations (e.g., NYC Admin Code § 28-3309.4 requiring adjoining-owner notice and protection). Typical claims: foundation cracks from excavation/dewatering, vibration damage from pile driving, water infiltration from dewatering changes, and roof/façade damage from staging. Documentation is everything — pre-construction baseline photos and inspections protect against later disputes. Adjacent-owner agreements (license agreements) negotiated before work begins also matter.

Question 4

What's an easement and how does someone get one over my property?

An easement is a non-possessory right to use someone else's land for a specific purpose — typically driveways, utilities, light/air, or party walls. Express easements are created by deed and recorded; implied easements arise from prior use or necessity at subdivision; prescriptive easements arise from 10 years of hostile, open, continuous use (similar to adverse possession but the user gets a use right, not ownership). Easement disputes are common — typically about scope (how wide is the easement), use (can it be used for a different purpose now), maintenance responsibility, and termination. Resolution typically involves recorded clarification or modification.

Question 5

What's the statute of limitations on property damage claims?

Most property-damage claims (negligence, trespass) carry a three-year statute under CPLR § 214(4). Continuing trespass and continuing nuisance refresh as long as the wrongful condition continues — but each new injury starts its own clock. Quiet-title actions are generally not time-barred (the wrong is continuous). Adverse possession requires 10 years to ripen but defending against an adverse-possession claim can happen at any time before that ripens. The damage-claim clock often surprises owners — a foundation problem from construction five years ago may be largely time-barred today.

Question 6

What does property litigation typically cost?

Boundary disputes that resolve through demand letter and recorded settlement: $3K-$10K. Easement disputes that require litigation: $15K-$50K through resolution. Partition actions: $20K-$60K through judgment, plus referee fees and sale costs. Quiet-title actions: $15K-$50K. Adjacent-damage claims with construction defendants: highly variable based on damages claimed and expert needs, often $30K-$150K+. Many property disputes have attorneys'-fees provisions only in original deed restrictions or HOA documents — most are paid by the prevailing or losing party out-of-pocket. Free initial consultation.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

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External

Department of Finance (DOF)

DOF administers the City's tax system, including property taxes, business taxes, and other revenue collection.

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Property dispute with a neighbor or co-owner?

Most boundary and easement disputes resolve faster (and cheaper) than parties expect — but only with proper survey work and recorded settlement. Same-day case review during business hours.

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    Same lawyer from intake to close

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