PropertyDispute Lawyer

Property disputes involving real estate, landlord-tenant conflicts, boundary disagreements, and foreclosure proceedings carry significant financial risk and legal complexity. Whether you are a homeowner, landlord, tenant, investor, or co-op/condo owner, protecting your property rights requires strategic legal representation and thorough understanding of New York real estate law.

At the Law Offices of Matthew Cohan, we provide experienced representation for clients facing property disputes throughout New York City, Long Island, Westchester, and surrounding areas. We understand the financial stakes involved and work to resolve conflicts efficiently while protecting your legal rights and property interests.

What Are Property Disputes?

Property disputes arise when parties disagree over ownership, use, transfer, or condition of real property including land, residential homes, commercial buildings, condominiums, and cooperatives. These conflicts often involve substantial financial exposure, complex contractual relationships, and competing legal claims requiring immediate attention and strategic resolution.

Common Types of Property Disputes

Contract and Transaction Conflicts

Real estate transactions involve detailed contracts with specific obligations, contingencies, and deadlines. Disputes arise when parties fail to perform, misrepresent material facts, or breach contractual obligations.

Common issues:

• Breach of purchase and sale agreements
• Seller disclosure violations
• Financing contingency disputes
• Closing delay conflicts
• Earnest money deposit disagreements
• Commission disputes between brokers and sellers
• Lease agreement interpretation conflicts
• Commercial lease disputes involving rent escalation, maintenance obligations, or renewal options

Ownership and Boundary Disputes

Property ownership conflicts involve competing claims to title, disputed boundary lines, or disagreement over property rights.

Common issues:

• Adverse possession claims (squatter's rights)
• Quiet title actions to establish clear ownership
• Boundary line disputes between neighbors
• Easement disputes (rights of way, utility access, shared driveways)
• Encroachment issues (structures crossing property lines)
• Disputed property descriptions in deeds
• Title defects discovered after purchase
• Mechanic's liens and other property liens

Landlord-Tenant Disagreements

New York's complex landlord-tenant laws create frequent disputes over lease enforcement, rent payment, property conditions, and eviction procedures.

Common issues:

• Nonpayment of rent proceedings
• holdover proceedings (lease expiration or violation)
• Habitability and warranty of habitability claims
• Security deposit disputes
• Illegal lockouts or self-help evictions
• Rent stabilization and rent control compliance
• Lease violation claims
• Commercial lease disputes involving CAM charges, percentage rent, or exclusive use provisions

Condominium, Cooperative, and HOA Disputes

Co-op and condo owners face unique disputes involving boards of directors, proprietary leases, bylaws, and assessment obligations.

Common issues:

• Board approval denials for sales or renovations
• Special assessment disputes
• Maintenance fee disagreements
• Bylaw enforcement conflicts
• Election disputes and board governance issues
• Common area maintenance disputes
• Noise complaints and nuisance claims between unit owners
• Discrimination claims in board decisions
• Proprietary lease violations

Foreclosure and Mortgage Disputes

Homeowners facing foreclosure or experiencing mortgage-related conflicts need immediate legal intervention to protect their property rights.

Common issues:

• Foreclosure defense (challenging procedural defects, standing, or documentation)
• Loan modification negotiations
• Short sale disputes
• Deed in lieu of foreclosure negotiations
• Predatory lending claims
• Mortgage fraud allegations
• HAMP (Home Affordable Modification Program) disputes
• Servicer misconduct or improper fees

Construction and Contractor Disputes

Property improvements often lead to disputes over workmanship, payment, delays, or contract interpretation.

Common issues:

• Breach of construction contracts
• Defective workmanship claims
• Payment disputes and mechanic's liens
• Construction delays and liquidated damages
• Change order disagreements
• Warranty claims for construction defects

Zoning and Land Use Disputes

Property owners may face conflicts with municipal authorities or neighbors over permitted property uses.

Common issues:

• Zoning variance applications and appeals
• Building permit denials
• Certificate of occupancy disputes
• Code violation challenges
• Neighbor opposition to proposed developments
• Historic preservation restrictions

How We Resolve Property Disputes

Negotiation and Mediation

Many property disputes can be resolved through strategic negotiation or mediation, avoiding the time and expense of litigation while achieving favorable outcomes.

Our approach:

• Analyzing the legal merits and financial implications of each party's position
• Identifying practical solutions that address underlying interests
• Negotiating settlement agreements that protect your rights and minimize costs
• Facilitating mediation sessions with experienced real estate mediators
• Drafting comprehensive settlement agreements and releases

Contract Enforcement and Breach Cases

When parties fail to honor contractual obligations, legal action may be necessary to enforce agreements or recover damages.

Our services:

• Analyzing contracts to identify breaches and available remedies
• Demand letters and pre-litigation negotiations
• Filing breach of contract actions in appropriate courts
• Seeking specific performance to compel contract completion
• Pursuing monetary damages for financial losses
• Defending against breach of contract claims

Ownership Protection and Quiet Title Actions

Establishing clear ownership is essential when title disputes, adverse possession claims, or competing interests threaten property rights.

Our representation:

• Filing quiet title actions to establish clear ownership
• Defending against adverse possession claims
• Resolving title defects discovered during transactions
• Negotiating easement agreements or litigating easement disputes
• Removing clouds on title that prevent property sales or refinancing

Condominium and Cooperative Advocacy

We represent unit owners, board members, and associations in governance disputes, assessment conflicts, and enforcement actions.

Our services:

• Challenging improper board decisions or approval denials
• Contesting special assessments
• Defending against bylaw violation claims
• Board governance and election disputes
• Representing boards in enforcement actions against unit owners
• Negotiating resolutions to neighbor disputes

Litigation When Necessary

When negotiation fails or immediate court intervention is required, we provide comprehensive litigation representation in:

• Supreme Court (general jurisdiction for real estate disputes)
• Civil Court (disputes under jurisdictional limits)
• Housing Court (landlord-tenant matters)
• Surrogate's Court (estate property disputes)
• Federal court (when diversity jurisdiction or federal claims exist)

Our litigation services:

• Filing or defending lawsuits
• Motion practice and preliminary injunctions
• Discovery and document production
• Expert witness retention and testimony
• Settlement conferences and court-ordered mediation
• Trial preparation and representation
• Appeals when necessary