1. What Real Estate Litigation Covers
Real estate litigation is the process of resolving property disputes through the court system. It differs from transactional real estate work such as drafting contracts or closing deals. When negotiations break down and the financial or legal stakes are too significant to leave unresolved, litigation is the appropriate path.
Not every disagreement requires a lawsuit. But competing ownership claims, a buyer who abandoned a signed contract, or a contractor who left a property uninhabitable are situations where courts need to decide. The sooner you understand where your dispute falls on this spectrum, the better positioned you are to act.
2. Types of Property Disputes New York Courts Resolve
New York courts handle property conflicts ranging from boundary disagreements between neighbors to contested closings involving significant sums. The type of dispute determines which court has jurisdiction, what evidence you will need, and how long the matter is likely to take. Not every case follows the same path, which is why identifying the specific category of your dispute matters from the start.
Boundary and Survey Disputes
Boundary disputes arise from outdated surveys, fence placements, and encroachments by neighboring structures. Courts weigh deed history, survey records, and expert testimony from licensed surveyors to reach a determination.
Title Defects and Ownership Claims
A title defect is any unresolved claim, lien, or irregularity that prevents clear ownership. Common problems include forged documents, undisclosed heirs, and errors carried through prior deeds. A quiet title action is the New York proceeding used to resolve competing ownership claims and establish a clean title in the public record.
Breach of Purchase and Sale Agreements
When a buyer or seller fails to fulfill their contractual obligations, the injured party may bring a breach of contract claim. Common scenarios include a buyer walking away without contractual justification, a seller withholding known defects, or a closing that collapses due to misrepresentation. Courts may award monetary damages or order specific performance, requiring the parties to complete the transaction.
Landlord-Tenant Disputes
Non-payment of rent, wrongful eviction claims, habitability violations, and security deposit disputes frequently require court intervention in New York. The Real Property Actions and Proceedings Law (RPAPL) governs eviction procedures under state law, and both landlords and tenants hold specific statutory rights. Our attorneys handle landlord-tenant matters across Housing Court and Supreme Court proceedings.
Construction Defects and Property Damage
When a contractor delivers substandard work, the property owner may pursue claims for repair costs, loss in property value, or consequential losses. Construction defect litigation typically requires expert testimony from engineers or architects to establish the scope and cause of the defect.
| Dispute Type | Common Legal Remedy |
| Boundary encroachment | Injunction, damages |
| Title defect | Quiet title action |
| Contract breach | Specific performance, damages |
| Wrongful eviction | Damages, injunctive relief |
| Construction defect | Cost of repair, loss of value |
3. How Real Estate Litigation Works in New York
In New York, most contested real estate matters are heard in Supreme Court, the state's trial court of general jurisdiction. Landlord-tenant cases may go to Housing Court or Civil Court depending on the proceeding type and the amount at issue. The process follows a defined structure, but the timeline varies based on how complex the evidence is and whether the parties reach a settlement before trial.
Filing and Pre-Trial Steps
Litigation begins when the plaintiff files a complaint and serves it on the defendant. The defendant then has an opportunity to respond, and both sides enter the discovery phase.
Discovery, Motions, and Negotiation
During discovery, each party collects evidence through document requests, depositions, and interrogatories. Either party may file pretrial motions to narrow the issues before trial. Most cases settle during or after discovery, once the evidence gives both sides a clearer view of the risks involved.
Trial and Resolution
Cases that do not settle proceed to trial before a judge or jury. A judgment issues at the conclusion of trial, and either party may appeal. Most contested real estate cases in New York resolve within twelve to twenty-four months, though disputes involving complex title history or multiple parties may take longer.
4. When Alternative Dispute Resolution Is a Better Option
Court litigation is not always the right choice, and in some situations it is not even the first option available. Alternative dispute resolution, particularly mediation and arbitration, resolves many property conflicts faster and at lower cost. The right approach depends on the contract terms, the relationship between the parties, and how quickly the matter needs to be settled.
Mediation uses a neutral third party to facilitate negotiation. The process is non-binding, so either party can walk away if discussions reach an impasse. It works well when the parties want direct input into the outcome or need to preserve an ongoing business or property relationship.
Arbitration is more formal. An arbitrator hears both sides and issues a binding decision. Many commercial real estate contracts in New York include arbitration clauses requiring this process before a court case can be filed.
5. What Real Estate Litigation Costs and What You Can Recover
Cost is often the first concern when property owners consider legal action, and it is a fair one. Litigation expenses can accumulate throughout a case, and the remedies available depend on the specific type of claim and the facts involved.
Legal Fee Structures
Real estate litigation is billed on an hourly basis in most cases, though certain claims may qualify for a contingency arrangement depending on the nature of the dispute. Additional costs include court filing fees, expert witness fees, and deposition expenses.
Types of Recoverable Remedies
| Remedy | Description |
| Compensatory damages | Financial losses directly caused by the dispute |
| Consequential damages | Indirect losses flowing from the breach or wrongful act |
| Specific performance | Court order requiring completion of a transaction |
| Injunctive relief | Court order prohibiting or compelling a specific action |
| Attorney's fees | Recoverable when a contract or applicable statute provides for them |
01 Jul, 2025
