1. What Is Real Estate Litigation and When Do You Need It?
Real estate litigation is the court-based resolution of disputes involving property, including purchases, sales, ownership, tenancy, and construction. Negotiation resolves many conflicts, but court action becomes necessary when a party refuses to meet contractual obligations, encroaches on your land, or causes damages with no path to voluntary agreement.
Situations that typically require litigation:
- A counterparty has breached a signed contract with no offer to remedy
- Ownership of your property is challenged or a lien clouds your title
- A tenant or landlord has violated statutory rights and informal resolution has failed
- A contractor delivered defective work and denies responsibility
2. Boundary and Title Disputes in New York
Property line and ownership disputes are two of the most common sources of real estate litigation in New York. Both can block a sale, a refinancing, or a development project until the court resolves them.
Encroachment and Survey Conflicts
Encroachment occurs when a structure, fence, or improvement crosses a property line. New York courts can order removal, award damages, or, where the encroachment has persisted for years, apply adverse possession principles under the Real Property Actions and Proceedings Law. A current boundary survey is typically the first document needed to build the claim.
Title Defects and Chain of Ownership Issues
A title defect, such as an undisclosed lien, a forged deed, or an unresolved heir's interest, can block financing and prevent a sale from closing. A quiet title action asks the court to declare clear ownership and extinguish competing claims. Title insurance may cover defense costs, but it rarely resolves the underlying dispute without litigation.
3. Contract Breaches in Real Estate Transactions
When a real estate contract falls apart, both sides typically have legal options. The remedies available depend on who defaulted, how the contract was written, and how far the transaction progressed before it broke down.
Buyer Defaults and Seller Remedies
When a buyer fails to close without legal justification, the seller may retain the contract deposit, sue for any shortfall if the property later sells for less, or seek specific performance. New York courts routinely allow specific performance in real estate disputes because each parcel is treated as legally unique.
Failed Closings and Damages
A failed closing caused by seller misconduct, such as a refusal to convey title or concealment of material defects, may entitle the buyer to return of the deposit plus consequential damages. Our attorneys assess breach of contract litigation exposure early so clients understand their options before the closing date passes.
4. Landlord-Tenant Litigation in New York
New York's landlord-tenant law is among the most tenant-protective in the country. Landlords who skip required procedural steps face substantial delays, and tenants who delay asserting their rights risk losing certain claims.
New York Eviction Procedures
Lawful eviction requires a written notice to cure or quit, a holdover or nonpayment petition filed in Housing Court, and a court-issued warrant of eviction. Changing locks or removing a tenant's belongings without a court warrant is illegal regardless of the circumstances and exposes landlords to civil liability.
Tenant Habitability and Rights Claims
Under New York's implied warranty of habitability, landlords must keep residential units in safe, livable condition. Tenants may withhold rent, apply for a rent reduction, or sue for damages when a landlord fails that standard. Harassment, including repeated unnecessary entry or illegal lockouts, carries additional statutory penalties under New York law.
5. Construction Defects and Property Damage Claims
Defective construction includes structural failures, water intrusion, building code violations, and incomplete work. Construction defect litigation often names the general contractor, subcontractors, architects, and engineers as defendants, depending on who was responsible for each phase.
Identifying Defective Workmanship
Document defects with photographs, inspection reports, and written communications from the contractor before any repair work begins. Starting repairs before liability is established can complicate damages calculations later.
Contractor Liability and Statutes of Limitation
New York's statute of limitations is three years from discovery for property damage claims and six years for contract-based claims. Waiting too long eliminates the right to sue entirely, which is why early legal advice matters.
6. Mediation and Arbitration Vs. Court Litigation
Not every real estate dispute requires a courtroom. For neighbor conflicts, commercial lease disagreements, and post-construction disputes, mediation and arbitration often produce faster and less expensive outcomes than full litigation.
| Factor | ADR | Court litigation |
| Timeline | Weeks to months | Months to years |
| Cost | Lower | Higher |
| Confidentiality | Yes | Public record |
| Binding outcome | Only if agreed or arbitrated | Yes |
| Best for | Lease conflicts, neighbor disputes | Title claims, eviction enforcement, fraud |
Many real estate purchase contracts and commercial leases contain mandatory arbitration clauses. Checking your contract before starting any proceeding is the first step.
7. How to Choose a Real Estate Litigation Attorney
Experience in New York real estate litigation is different from general transactional practice. Housing Court eviction hearings, quiet title actions, and construction defect trials each have distinct procedural requirements that general practitioners rarely encounter.
Questions worth asking:
- How many disputes of this specific type have they handled in New York courts?
- Have they appeared in Housing Court, Supreme Court, and the Appellate Division?
- Can they bring in surveyors, engineers, or other experts the case may require?
- Do they give honest assessments of litigation costs and realistic outcomes up front?
Our attorneys work across the full range of property disputes in New York and explain each stage without the jargon.
20 Feb, 2026
