1. Which Dispute Calls for a Property Lawsuit?
A seller refuses to close, but the buyer believes the contract still binds both sides. Another owner discovers a disputed mortgage, while a landlord needs to recover possession. Each problem calls for a different claim and remedy.
Separate Contract Breaches from Title Claims
New York General Obligations Law § 5-703 generally requires a signed writing for real property sale agreements, subject to exceptions. Examine:
- The signed agreement, amendments, and closing notices.
- Whether a contractual condition was satisfied or waived.
- Evidence of breach, payment, and resulting losses.
Damages may cover proven losses; specific performance may be available when a valid sale contract and equitable requirements support it. A breach of contract litigation review should address available defenses as well.
Identify Competing Rights in the Property
A recorded deed may conflict with another person's claimed interest. RPAPL Article 15 allows eligible persons claiming a property interest to seek a determination of adverse claims. Check:
- Deeds, mortgages, recorded easements, and releases.
- The chain of title and competing ownership claims.
- Which parties assert interests requiring a determination.
Search the City Register's ACRIS records by borough, block, and lot. A recording search alone does not replace a full title examination.
2. What Records Can Support or Defeat a Claim?
A closing notice sent to the wrong address can change a contract dispute. Contracts, recorded instruments, and messages help establish what happened and when. Preserve original files and organize them around the disputed facts.
Build a Contract and Notice Timeline
For a contested sale or lease obligation, collect materials in date order:
- Signed contracts, addenda, and payment records.
- Notices of default, demands, and delivery proof.
- Emails and records of attempted performance.
Confirm whether the agreement made a deadline material and how any required notice was delivered. Missing context can change the meaning of a short message.
Match Documents to the Requested Remedy
Different remedies call for different proof. Compare:
| Disputed Issue | Useful Evidence |
|---|---|
| Contract performance | Agreement, closing demands, payment records |
| Ownership or encumbrance | Deeds, title report, recorded instruments |
| Possession | Lease, termination notices, rent history |
Photographs and repair estimates may also matter when a separate property damage claim is involved. Keep proof tied to the elements of the actual claim.
3. Which Court Can Hear the Property Dispute?
The courthouse depends on what the claimant wants the judge to decide. Determining an ownership interest differs from recovering possession after a tenancy ends. Check the relief requested before choosing where to file.
Distinguish Supreme Court from Housing Court
Confirm the nature of the claim before preparing papers:
- Kings County Supreme Court, Civil Term, handles qualifying title and contract actions.
- Housing Court handles covered landlord-tenant possession proceedings under RPAPL Article 7.
- Separate money claims may follow different jurisdictional rules.
Supreme Court is at 360 Adams Street; Kings County Civil and Housing Court is at 141 Livingston Street. An eviction enforcement issue arises only after the required court process and issuance of a warrant, not merely because rent is overdue.
Separate Agency Records from Judicial Relief
Agencies may document a problem without resolving a private claim. Review:
- ACRIS for recorded deeds and mortgages.
- DOB records for permits, occupancy, and violations.
- Zoning records for restrictions on proposed use.
A building violation does not itself decide ownership or award contract damages. Preserve agency responses for any resulting court claim.
4. What Remedies and Filing Rules Matter?
Proving a breach does not establish entitlement to every requested remedy. A money judgment, an order to complete a sale, and a title determination serve different purposes. Filing dates also depend on the claim.
Choose Relief That Fits the Claim
The requested outcome should reflect the legal right at issue:
- Contract damages may address proven financial loss.
- A court may order a qualifying real estate sale completed when equitable relief is justified.
- RPAPL Article 15 may resolve competing real property claims.
Availability depends on the pleadings, evidence, and applicable defenses. A civil litigation review can assess remedies without assuming a particular result.
Check Deadlines before Filing
Do not apply one limitation period to every property dispute. Consider:
- CPLR § 213(2) generally allows six years for contract claims.
- CPLR § 214(4) generally provides three years for certain property injury claims.
- Title and possession actions may have different governing rules.
Accrual, tolling, and other exceptions can change the calculation. After filing, follow applicable service and disclosure requirements.
5. Frequently Asked Questions
Can a buyer record a notice of pendency in a contract dispute?
Possibly. Under CPLR § 6501, the requested judgment must affect property title, an encumbrance, possession, use, or enjoyment; a damages-only suit generally does not qualify.
Can mediation resolve a property dispute without a trial?
Often. Parties may voluntarily mediate contract or property disputes, although resolution depends on reaching an enforceable agreement.
Can a landlord change the locks before obtaining a court order?
Generally, no. A landlord must use lawful possession and enforcement procedures rather than removing an occupant by self-help.
Can a disputed boundary require a survey?
Often, a current survey and recorded descriptions help clarify the land at issue, though additional evidence may be necessary.
6. Review the Property Dispute with Sjkp
A failed closing or conflicting deed can leave property owners and tenants unsure which documents matter most. SJKP's attorneys can review agreements, recorded interests, notices, and available legal remedies.
Contact SJKP with the relevant documents and court papers to discuss the procedural options and evidence that may matter.
23 Oct, 2026
