Legal Question in Real Estate Law in New York

I have a written letter stating I am half owner of land with my brother but my name is not on deed.

We had a agreement in the letter signed by my brother and I . I have paid half of taxes and expenses

For ten years but my name is still not on deed as promised by my brother. Do I have legal rights to this property. I live in New York State.

Asked on 2/15/13, 6:53 pm

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

If your brother continues to refuse to add you to the deed, you will have to sue him to get your rightful share.

The letter you both signed is the contract. Usually, the statute of limitations for an action on a contract is six years in New York, however, you may be successful if you sue to impose a constructive trust.

You have to decide if it is worth your while to try for your share.

The longer you delay, the less likely you will be successful.

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Answered on 2/15/13, 7:09 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Arnold. Additionally, you may have a claim for reimbursement of the funds you expended over the years in reliance on the promise to make you a co-owner. I suggest you contact a local attorney familiar with these issues and move to assert and protect your rights, before the land may be sold.

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Answered on 2/16/13, 2:42 pm


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