Real Property Actions

Aside from Evictions and Actions concerning Damage caused to, or by, Real Property, there are four (4) additional types of Real Property Actions:

Action to Compel Determination of Title to Real Property (a-k-a Quiet Title);

Easements;

Waste; and

Partition.

QUIET TITLE ACTIONS

The most common type of Real Property Action is the Quiet Title Action. You will no-doubt be shocked to learn that people sometimes get into Disputes over Real Property.

In the State of New York, the Action to Compel Determination to Title of Real Property is codified at Article 15 of the Real Property Actions and Proceedings Law (RPAPL Art. 15).

One of the most difficult elements of Article 15 Actions is that Plaintiffs are often required to Research and Prove who among the Defendants, or their Successors, could potentially have some Right to Claim Title. This usually requires the Plaintiff to Pay an Attorney, appointed by the Judge, to Research all of the Heirs or other Successors in Interest among the Defendants.

This is required by the Courts because one of the Elements of Relief that Plaintiffs seek is to Permanently Extinguish all Claims and//or Potential Claims from anyone else to the Plaintiff’s Real Property.

This Report, produced by the Attorney chosen solely by the Judge in the Article 15 Action, can cost many thousands of dollars.

EASEMENT ACTIONS

Easements are a type of Property Right where the Plaintiff needs to obtain, under Judicial Order, Access to their own Real Property from another.

Most commonly, the Plaintiff owns or controls a piece of Real Property that is said to be ‘Landlocked’, which is where they do not have Access to their Property from any Public Roadway or Thoroughfare.

WASTE ACTIONS

Waste is a case where someone does not care properly for a piece of Real Property that someone else has an Ownership Interest in. This failure to care properly for the Real Property causes the Physical or Financial Condition of the Property to deteriorate and diminish.

Waste Actions, Article 8 of the Real Property Actions and Proceedings Law of New York (RPAPL Art. 8), provide a means by which to resolve such Disputes.

Generally, Waste Actions require a showing of the Injury, its Causation and how to Remedy the Waste.

PARTITION ACTIONS

Partition is the Remedy, and the name of the type of Action provided for by Article 9 of the Real Property Actions and Proceedings Law (RPAPL Art. 9), for when a piece of Real Property’s Ownership quarrels amongst themselves.

In most instances, the Remedy in Partition Actions is the Sale of the Real Property and the division of the proceeds therefrom. In a relatively few cases, the Property itself can be divided and distributed among the Parties to the Partition Action.

EVICTIONS AND REAL PROPERTY TORTS

Evictions are very difficult to accomplish.

The papers have to be perfect or near-perfect. Service of said papers must be made within relatively narrow windows of time. The Courts require strict adherence to the Eviction Statutes and Court Rules.

Here at the Legal Factory, we know how to perform Evictions very, very well.

Real Property Torts are Actions that arise from when someone is Damaged by, or Damages, someone else’s Real Property.

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