New York Property Legal Questions

The broad answer to your question is that the board will generally be allowed to make such a rule as long as they followed the by-laws in terms of the methods for voting on such an issue.  While the fee seems excessive, the board has the right to do so under it's business judgment authority.  ... Read More

Hi, You do have legal recourse to try to recoup what you put into your ex-boyfriend's house.  Your situation sounds like a classic example of a constructive trust case....this is a type of equitable remedy a court can impose on your ex providing you with certain rights.  There are other potential legal remedies as well, such as unjust enrichment. As far as the check is concerned, you should provide the following special endorsement "Under protest" and cash the check if you can.  At least you would be partially reimbursed for your costs and you can sue for the difference. Feel free to contact me if you would like to discuss the matter further.... Read More

It is likley they can do that.  Since they are on the deed, I presume it gives all parties equal shares of the home.  If the home were worth $100,000, then you, your spouse, your daughter, and your son-in-law each have 1/4 equity interest, $25,000.  If your home is worth $200,000, then it is $50,000.00.  I suggest contacting an attorney in your state to verify.  ... Read More

Step 1 is to have an attorney send the neighbor a letter explaining how they are violating the order and ask that they take down the fence or give you access to the easment.  If that doesn't work, Step 2 is to file a lawsuit for a declaratory judgment from the Court that  do have access to the easment, and asking the Court to order them to give you said access.  Would be happy to help draft that letter.  Feel free to call to discuss more. 929-262-1101.... Read More

The magic questions are: did your husband have a will, and if he did, did it leave all of his real property to you? If he did and it did, it's a simple situation: you need to probate the will and get letters testamentary, find a buyer, and sell the second house with an executor's deed. If he did NOT have a will, or he did but it did not leave all his property to you, you may or may not be sole owner or co-owner of the second house- you may be co-owner together with any children of your husband. More information is needed in order to advise you. ... Read More

The answer depends on your relationship to the property. If the home was foreclosed, the bank owns it until it's auctioned to a new owner. Do you live there under a lease with the bank? Are you the owner who lost the house in a foreclosure?  Are you a tenant who stopped paying rent to the landlord when you found out the house was in foreclosure? Unless you are the actual owner of the property, you have no action against the neighbor. If you are a tenant living in the house under a lease agreement, and the lease promises a driveway for your car, you may have an action against your landlord. Please clarify, and I'll be happy to answer your question. ... Read More

Yes- you can force a sale of a jointly owned property by bringing a partition action. You are asking the court, in such an action, to divide the property in two by forcing a judicially ordered sale of the house, and then divide the proceeds.  It's really the worst possible way to resolve such a situation because the expenses- lawyers, referees, appraisers- eat up the equity in the house- but sometimes there's no other option. If you could work out a buyout agreement- either lump sum, partial lump sum and monthly payments, or straight monthly payments- that's the best way to avoid litigation.  ... Read More