By Adam Leitman Bailey and Matthew Eichel January/February 2016 Vol. 30 No. 1 The doctrine of adverse possession, under which a party can obtain title to real property owned by another, is surprisingly uniform throughout the eastern portion of the United States despite being a state law concept. The basic elements a party must demonstrate Full Article…
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Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River: American Land Title Association
The basic elements a party must demonstrate to successfully claim adverse possession are essentially the same throughout these states. One must show by clear and convincing evidence that he or she has actually and exclusively possessed the land in an open, notorious, continuous, and hostile/adverse manner under claim of right for the statutory period. Where Full Article…
Court Clarifies Condo Owners’ Right to Inspect
December 20, 2016 By Adam Leitman Bailey and John M. Desiderio In their Condominium Law column, Adam Leitman Bailey and John Desiderio discuss the recent First Department case ‘Pomerance v. McGrath,’ in which the court has clarified the rights of condominium owners to inspect management books and records. In its 2013 decision in Pomerance v. Full Article…
Analyzing Easement Laws and Cases in the States East of the Mississippi River
January/February 2017 Vol. 31 No. 1 By Adam Leitman Bailey and Israel Katz This article analyzes the laws of easements in the 26 states that lie east of the Mississippi River, including the various methods for their creation, their nature, and scope. In researching and writing this article, the authors limited their research to appellate Full Article…
Setting the Law Straight on Terminating Easements
At the present time, finding real estate property to buy has been compared to finding the Loch Ness Monster or Bigfoot. Buyers of land have become more creative and aggressive than ever before in trying to develop property for an anxious public. This search has resulted in a demand to discover options to remove restrictions Full Article…
Application of the Adverse Possession Amendments
By Adam Leitman Bailey and John M. Desiderio June 10, 2015 In 2008, the New York Legislature enacted sweeping changes to Article 5 of the Real Property Actions and Proceedings Law (RPAPL) that governs the circumstances under which title to real property may be acquired by adverse possession. The legislation was intended to overturn the Full Article…
A Lender’s Duty To Investigate Its Borrower
By: Adam Leitman Bailey & John M. Desiderio Adam Leitman Bailey is the founding partner of Adam Leitman Bailey, P.C., in New York, New York. John M. Desiderio is a partner in the New York, New York, office of Adam Leitman Bailey, P.C. ……………….. Until recently, a mortgage lender preparing to give a loan needed Full Article…
Clarified Rules for Earning Brokerage Commissions
By: Adam Leitman Bailey & Jeffrey Metz October 8th, 2014 After years of uncertainty and fact-based decisions, the Appellate Division, First Department, in a thoughtful decision authored by Justice Rolando Acosta, clarified the guidelines for earning a real estate broker’s commission in Manhattan and the Bronx. This article devotes considerable time to Acosta’s decision and Full Article…
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