Property Disputes in Yonkers, NY
Property disputes in are frequent, often arising between neighbors, businesses, or even government entities. People naturally want to protect their property, but sometimes boundary lines and rights aren’t as clear-cut as they seem.
If you’re facing a property dispute in , , it’s important to understand your legal options. Learn about the steps you can take to resolve misunderstandings, negotiate a fair settlement, or address any issues regarding your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Yonkers, NY property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
In Yonkers, the Westchester County Supreme Court can hear property dispute cases, such as adverse possession. If either party appeals the decision, the case may move to the New York State Appellate Division, Second Judicial Department.
Common Types of Yonkers, New York Property Disputes
It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Yonkers where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Yonkers, New York Property Disputes
Under the Yonkers Municipal Code, you cannot remove, destroy, cut, break, climb, or injure any tree on public land in Yonkers. In addition, you cannot cause gas, salt, brine water, oil, or other injurious substances to injure or kill trees on public land. Furthermore, you cannot tie any horse or other animal to any tree on public land. Any violation of these regulations will constitute a Class II offense.
According to New York’s Department of Agriculture and Markets (DAM), New York State protects Yonkers farmers in agricultural districts against unreasonably restrictive local laws. Specifically, DAM staff review existing and proposed laws to determine if they are compatible with farm operations. In addition, Westchester County recently designated new land parcels as part of agricultural districts.
Legal Process for Boundary Disputes In Yonkers, New York
Has someone brought a property dispute against you in Yonkers, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Yonkers, NY property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
The City of Yonkers Zoning Ordinance governs fence requirements in Yonkers. For example, a fence in any yard fronting a street can be a maximum of four feet in height. Fences in any side or rear yard can be a maximum of six feet in height. Additionally, no encroachment beyond your property lines is permitted.
Try to Find a Solution with Your Neighbor
Property dispute litigation in , can be both expensive and drawn out. Opening a direct dialogue with your neighbor is often a practical first step. Settling the issue without resorting to court proceedings can save considerable time and money.
Start by reaching out to your neighbor directly. Whether through a polite letter, email, phone call, or an in-person visit—if it feels safe—clear communication may help you find common ground and resolve the matter amicably.
If discussions stall and no resolution is in sight, it may be time to involve an attorney. A lawyer can assess your situation, determine if you have a strong legal case, and guide you through sending a demand letter if necessary.
Sending a Demand Letter
This letter will be from your Yonkers attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Going to Court or Reaching a Settlement
Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court.
The court will then look closely at the evidence presented and determine who owns the Yonkers, NY property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.
To begin your property dispute case in Yonkers, you and your attorney can file with the Westchester County Supreme Court.
Work With an Experienced Local Property Dispute Lawyer In Yonkers, New York
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or defending a dispute brought against you, you’ll need a lawyer who understands Yonkers property law on your side. An experienced lawyer can help you settle before taking the dispute to court, saving you both time and money. We can even help you connect with an attorney across New York state lines.
Submit a request online or call us today at (866) 345-6784 to speak with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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