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Real estate ownership is rarely as simple as holding a deed and paying taxes. Titles can carry hidden defects, access rights may be shared or restricted, and long-standing uses of land can create legal obligations that are not obvious at first glance. At Raimondo & Sundquist LLP, our Buffalo real estate lawyers regularly help clients with a wide range of issues surrounding title, easements, and property rights. Continue reading and contact Raimondo & Sundquist LLP for an initial consultation so we can discuss your case.
Title refers to the legal ownership of real property and the rights that come with it. A title can be affected by prior transfers, recording errors, unpaid liens, boundary disputes, or claims from unknown parties. These issues may not be obvious during a casual review of property records, yet they can significantly affect the ability to sell, refinance, or develop a property. Some of the most common title problems are as follows:
New York follows a recording system, which means that properly recorded interests generally take priority over unrecorded ones. However, recording alone does not guarantee that a title is free from defects. A thorough title search and legal review can identify risks, allowing them to be addressed before closing or before a dispute escalates.
Easements are a frequent source of confusion for property owners. An easement grants someone else the legal right to use a portion of your property for a specific purpose, such as access, utilities, drainage, or shared driveways. In Buffalo, many older residential and commercial properties are subject to easements created decades ago, sometimes without documentation.
Easements may be created in several ways, including by written agreement, by necessity, or through long-term use. Property owners often search for answers to questions such as whether an easement can be removed, relocated, or limited. Some of the most important points property owners should understand are as follows:
Property rights define how land may be used, enjoyed, and restricted. These rights are shaped by deeds, zoning laws, local ordinances, and common law principles. Disputes often arise when one party believes another has exceeded their legal rights or interfered with lawful use.
Common property rights disputes include conflicts over fencing, encroachments, noise, shared driveways, and long-standing uses of neighboring land. Adverse possession and prescriptive easements are also frequently searched topics, particularly in older neighborhoods where informal use has occurred for many years.
Under the law, someone who openly and continuously uses property without permission for a statutory period may gain legal rights. These claims are highly fact-specific and often misunderstood. Our firm can help clarify whether a claim is valid and what steps may be taken to protect ownership interests.
Title insurance is designed to protect buyers and lenders from certain defects in title that exist at the time of purchase. While many clients assume title insurance covers all ownership issues, coverage is limited to specific risks outlined in the policy. Title insurance may help protect against the following:
However, title insurance does not replace legal advice. Some risks are excluded from coverage, including zoning violations, survey matters not disclosed, or issues arising after the policy date. Reviewing title commitments and insurance exceptions with a real estate attorney can help ensure that buyers understand what is covered and what is not before closing.
Commercial real estate and development projects often involve layered property rights that go beyond basic ownership. Developers and investors in Buffalo frequently encounter issues involving air rights, shared access agreements, restrictive covenants, and environmental constraints.
Commercial property rights issues may involve:
Because these matters can affect project feasibility and long-term profitability, careful legal analysis is essential. Addressing title and property rights issues early can help avoid delays, financing problems, or litigation after development has begun.
Inherited real estate often brings unexpected legal challenges. In New York, property passed through an estate may have unresolved title issues, unclear ownership shares, or disputes among heirs. These issues can complicate sales, refinancing, or transfers years after a death.
Common concerns involving inherited property include:
Clearing title and resolving ownership questions is often necessary before inherited property can be sold or fully utilized.
Title, easements, and property rights form the foundation of real estate ownership. When these issues are misunderstood or ignored, even small problems can grow. If questions arise about ownership, access, or rights affecting your property, don’t hesitate to contact an attorney from Raimondo & Sundquist LLP for an initial consultation today.
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