New York Residential Real Estate Legal Questions

You can start a shareholders derivative action against the board but it's best to get other shareholders involved- but you'd have a high burden of proof. The board is generally protected by the business judgment rule from liability for decieions such as an assessment. But if enough shareholders agree that it's outrageous you might at least be able to get better answers, and if there's actual malfeasance they could be liable.... Read More

As long as your brother and his wife are amenable to transferring the deed into your name and you follow the procedures in the condo by-laws, it should be a simple matter to get your name on the condo deed.. But if your brother and sister-in-law oppose this, the question is, why? If the condo was purchased with your money, why is their name on the deed at all? If they oppose adding your name, much missing information is needed about their role in the purchase to answer this question. ... Read More

If you contributed to the down payment on the house and have been paying the mortgage at least partially with money that you brought into the marriage or earned by working outside of the house during the marriage, you have a very good argument that you've acquired an interest in the house through a constructive trust.  More information is needed for an accurate answer. ... Read More

You can absolutely sue your neighbor for trespass and property damage for the cost to rebuild your retaining wall, assuming it did not violate any local building codes and ordinances. Such statutes generally set height limits, may have guidelines for building materials and may also require permits. Before you rebuild check your local building department to determine whether you need a permit. Even if your retaining wall was built without a permit or violated the local building code in some other way, that didn't give your neighbor the right to take it down. They could've complained to the building department which would've investigated and made a determination as to the legality of the retaining wall.... Read More

If the judge ordered your neighbor to finish the fence and they didn't, you can file an order to show cause to hold your neighbor in contempt of court to force your neighbor to finish the fence. You could also finish the fence yourself and sue your neighbor for the cost. But you'd need to be careful with that because you don't want to inadvertently fence yourself out of property that belongs to you. You might consider doing a survey before you start any fence project- boundaries shift over the years, it's good to know exactly what's yours. ... Read More

Based on your facts you may have a claim against the contractor. You may be able to sue him for breach of contract, negligence, violations of NY General Business law, etc. I strongly suggest that you speak with an attorney to assist you with suing the contractor. Keep in mind that you need to move quickly. ... Read More

If your mother was sane and not subject to undue influence, she had the right to transfer her share of the property to your brother for no money.  Technically, your brother owes you rent or use and occupancy for occupying your share of the house that you co-own. But you also owe him compensation for what I assume has been his payment for mortgage, taxes and upkeep of the property since he moved in. If the property needs to eventually be sold pursuant to a court-ordered partition, the court will decide on the percentage of the proceeds you each get based upon your percentage of ownership, financial contribution, and entitlement to credit for use-and-occupancy. ... Read More