Real Property
A SAMPLING OF “REAL PROPERTY” ISSUES ADDRESSED IN THE NEW YORK APPELLATE DIGEST SEARCHABLE DATABASE
REAL PROPERTY issues in this database cover a broad range of categories and areas including (but not limited to):
Real Estate (purchase contracts, time of the essence, deposits, broker fees, etc.);
Real Property Law (statutes) (landlord-tenant, deeds, conveyances, mortgages, purchase contracts, brokers, recording, condominiums, tenancies, estates, easements, etc.);
Real Property Actions and Proceedings Law (statutes) (adverse possession, foreclosure, quiet title, partition, easements, landlord-tenant, waste, ouster, timber removal, etc.);
Real Property Tax Law (statutes) (municipal law, assessed value disputes, validity of assessments, valuation methods, exemptions, etc.);
Eminent Domain (municipal law, Court of Claims, valuation methods, sufficiency of evidence of value, etc.);
Landlord-Tenant (leases, eviction, maintenance responsibilities, liability for dangerous conditions, municipal sidewalk slip and falls, liability for assault, municipal law, succession rights for family members, rent control, consequences of criminal activity, etc.);
Municipal Law (property damage related to municipal acts or omissions, immunity, special relationship, public space requirements, zoning, land use, SEQRA declarations, variances, use permits, building permits, land use, etc.);
Nuisance;
Trespass;
Adverse Possession;
Timber (removal, ownership disputes, etc.)
Deeds (tenants in common, tenants by the entirety, joint tenants, covenants, easements, run with the land, fraud, forgery, recording, etc.);
Mortgages (foreclosure, recording, etc.);
Condominiums (premises liability, common areas, etc.);
Cooperatives (premises liability, common areas, actions by the board, shareholder rights, etc.)
Foreclosure (acceleration of the debt, statute of limitations, standing, notice requirements, business records exception to the hearsay rule, evidentiary requirements for summary judgment, etc.)
Insurance (negligent versus intentional acts occurring on the insured property, premises liability, policy exclusions, environmental contamination, etc.);
Environmental Law (municipal law, new construction approval, State Environmental Quality Review Act (SEQRA), environmental impact statements, hard look, negative declarations, Article 78 judicial review, Department of Environmental Conservation (DEC), environmental contamination cleanup, real estate purchase contracts contamination provisions, Admiralty Law (oil leaks), pipeline approval, eminent domain, underground oil tanks, fracking ban, watershed protection, oil and gas, conservation easements, administrative law, water law, water use, etc.);
Utilities (property damage caused by loss of power, environmental impact, etc.)
Zoning/Land Use (municipal law, building permits, variances, use permits, judicial review, administrative law, appeals, etc.).