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Features
In 2019, the Uniform Partition of Heirs Property Act/RPAPL §993 (the UPHPA) reshaped the rights of co-owners of inherited property in New York, replacing the traditional, sale-favoring partition system with a multi-layered process designed to limit the right to seek partition and to prioritize family ownership. The Second Department’s sweeping decision confirms that the partition landscape has drastically changed.
Columns & Departments
Survey Insufficient to Establish BoundaryAdverse Possession Claim Defeated for Failure to Establish Reasonable Basis for Belief of OwnershipServient Owner Prohibited from Locking Gate Over EasementShining Lights Over Neighboring Property Raises Questions of Fact About Nuisance ClaimPractical Location of Boundaries Doctrine AppliedWhen Court-Ordered License Expires, Licensor Is Entitled to Use and Occupancy
Columns & Departments
Special Permit Denial OverturnedNo Property Right to Short-Term RentalsZBA Interpretation of Zoning Ordinance Upheld
Columns & Departments
Co-Op Board Not an Entity Amenable to Suit
