By Adam Leitman Bailey and Israel Katz One of this century’s most common sources of real estate litigation in the states east of the Mississippi River is easements. In urban areas, entire development projects have been halted as a result of easement agreements, many of them ancient. In our nation’s system of transferring title, in Full Article…
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Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River
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…
Discharge of Ancient Mortgages in New York
Title Insurance companies are under attack by governmental officials. Few other real estate businesses suffer the unjustified, frequent assaults by government officials like the title insurance profession. The difficulty in understanding their function and underestimating their necessity for the safe transfer of real estate requires real estate practitioner’s to raise their pens to protect our Full Article…
A Practitioner’s Guide to Litigating Party Walls
New York Law Journal By: Adam Leitman Bailey and Dov Treiman April 8th, 2015 One developer-client once told us, “horse racing is not the sport of kings—litigation is.” During the greatest high end real estate market in the history of our country, the ultra wealthy or the corporate kings have battled in our courts for Full Article…
Defining the Limits Of Liquidated Damages Clauses
By: Adam Leitman Bailey & Dov Treiman December 31st, 2014 Real estate leases are, by their nature, bets the parties are placing on what the future may hold. Both landlord interests and tenant interests try to hedge their bets by inserting clauses to produce certain results in the event of an uncertain future. Chief among Full Article…
Adverse Possession After the 2008 RPAPL Amendments
BY ADAM LEITMAN BAILEY AND JOHN M. DESIDERIO In 2008, the New York State Legislature enacted sweeping changes to those provisions of the Real Property Actions and Proceedings Law (RPAPL) that govern the circumstances under which title to real property may be acquired by adverse possession.1 The Legislature acted primarily to reverse the ruling of the Full Article…
Disabled Resident Parking Spaces: Issues for Condo/Co-op Boards, Developers, BNA Real Estate Law & Industry Report
Adam Leitman Bailey and John M. Desiderio discuss the handicap laws that boards must follow and their obligations to proved disabled parking spaces.
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