Property law is a complex and ever-changing field that can have a significant impact on the ownership, use, and transfer of real estate in New York City. At DL Partners, we have a team of experienced property law attorneys who can help you navigate the intricacies of property law and protect your real estate interests.
Real Estate Property Transactions
Buying and Selling Real Estate in New York City
Our real estate attorneys can assist with all aspects of buying or selling property in New York City, including negotiating and drafting purchase agreements, conducting due diligence, and coordinating the closing process.
Real Estate Litigation
Real Estate Disputes
Our attorneys have extensive experience in handling real estate disputes, such as breach of contract claims, commercial lease disputes, and disputes related to property ownership and title.
We can also provide representation for clients involved in construction litigation, including disputes with and between owners, contractors, subcontractors, and architects.
Navigating the complexities of property law in New York City can be challenging, but our experienced attorneys at DL Partners can help protect your real estate interests. Whether you need assistance with real estate transactions, or real estate litigation, we are here to provide comprehensive legal guidance and representation. Contact us today to schedule a consultation.
What is property law?
Property law is a branch of law that deals with the ownership, use, and transfer of real and personal property.
What is real property?
Real property, also known as real estate, is a legal term that refers to land and anything permanently attached to it, such as buildings and fixtures. It includes not only the physical surface of the land but also the rights and interests associated with the land, such as mineral rights, air rights, and water rights. Real property encompasses both the land itself and everything affixed to it, making it different from personal property, which includes movable assets like furniture, vehicles, and electronics.
What is personal property?
Personal property refers to movable objects that can be owned, such as cars, furniture, and jewelry that are not permanently affixed to real estate.
What is the difference between real property and personal property?
The main difference between real property and personal property is that real property is immovable and permanently attached to land, while personal property is movable and can be transported.
What is a deed?
A deed is a legal document that serves as evidence of the transfer of ownership or interest in real property from one party to another. It is a critical instrument used in real estate transactions to establish and record the transfer of property rights. The party transferring the property is known as the “grantor,” and the party receiving the property is the “grantee.”
What is title insurance?
Title insurance is a type of insurance that protects property owners and lenders from financial loss due to defects in the title to a property. A title is the legal ownership and right to use a property, and title insurance helps ensure that the title is clear and free from any unknown or undisclosed issues that could affect the property’s ownership.
What is a lease agreement?
Leases are common in both residential and commercial real estate, allowing individuals and businesses to rent or lease a property without owning it outright.
Key elements typically included in a lease agreement are:
- Parties: The lease identifies the parties involved, including the names of the landlord (lessor) and the tenant (lessee).
- Property Description: The lease provides a detailed description of the property being leased, including its location, size, and any specific features or amenities.
- Lease Term: The lease specifies the duration of the lease, which can be for a fixed term (e.g., one year, two years) or on a month-to-month basis. At the end of the lease term, the parties may choose to renew the lease or terminate the agreement.
- Rent and Payment Terms: The lease states the amount of rent the tenant must pay and the frequency of rent payments (e.g., monthly, quarterly). It also includes information about acceptable payment methods and any penalties for late payments.
- Security Deposit: Many leases require the tenant to provide a security deposit upfront, which serves as a protection for the landlord against potential damages or lease violations.
- Use of the Property: The lease outlines the permitted use of the property and may include any restrictions or conditions on how the property can be used.
- Maintenance and Repairs: The lease may specify the responsibilities of the landlord and tenant regarding property maintenance and repairs.
- Subleasing and Assignment: Some leases address whether the tenant is allowed to sublease the property to another party or assign the lease to a new tenant.
- Termination and Renewal: The lease outlines the procedures for terminating the lease by either party and the process for renewing the lease if desired.
- Legal and Binding: A lease is a legally binding document, and both parties must agree to the terms and conditions outlined in the agreement.
What is a property lien?
A property lien is a legal claim against a property that is used to secure payment of a debt or obligation, such as a mortgage or tax lien.