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Real Estate Litigation

Property disputes are personal. A neighbor may claim part of your land, a driveway or right-of-way may be blocked, or there may be a disagreement over who owns or controls a property. These conflicts affect your home, your investment and your peace of mind.

How we help

Mr. Vitale reviews deeds, surveys and title records to understand the facts, then works to protect your ownership and your use of the property. Where possible he resolves disputes through negotiation. When that is not possible, he brings or defends actions in court to establish or protect your rights.

Matters we handle

  • Adverse possession claims and defense
  • Ownership and title disputes
  • Easements and rights-of-way
  • Boundary and encroachment disputes
  • Partition actions between co-owners

Common questions

What is adverse possession?

Adverse possession is a legal doctrine that can allow a person who openly occupies someone else's land for a long enough period, and under certain conditions, to claim ownership of it. In New York the required period is generally ten years, and the claim must meet specific legal requirements.

My neighbor's fence or structure is on my property. What can I do?

Start by gathering your deed and a current survey. An attorney can review whether there is an encroachment, whether any rights may have developed over time, and what steps will best protect your property.

What is an easement?

An easement is a right to use someone else's property for a specific purpose, such as a shared driveway or access to a utility line. Disputes often arise over whether an easement exists, how far it extends, or whether it has been blocked.

What is a partition action?

Partition actions often arise between siblings who inherit a home, former spouses or partners, and business co-owners. If you co-own property and cannot agree on what to do with it, New York law generally allows you to have it sold and the proceeds divided, even if the other owners object. Mr. Vitale can guide you through the court process from start to finish.

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