Understanding Land Use Law

New York City Land Use Litigation Lawyer

What happens when issues arise regarding people or entities that use your land but do not own it? This category is known as land use law and encompasses several different topics, such as easements, eminent domain, and zoning. If you are facing complications or disputes in this area of law, having a legal representative on your side could make all the difference in the outcome of your case. These types of situations can prove to be complex, so it best to have someone on your side who understands the legal aspects and who can protect your rights.

Information on Easements

The definition of an easement is someone who has an interest in a property or uses a property, but does not own it. Possessing an easement legally gives them the right to use the land, but it does not mean they have complete control over it. For example, if someone's driveway runs through another's property, an easement could allow them to use the driveway but does not mean they can do whatever they like with that land. This land or portion of land is legally known as the servient estate. The person who benefits from being able to use the land is known as the dominant estate. An easement could be part of a land deed, a contract, or even a will. It is easy to see how complications and disputes can arise when there are numerous people with interest in the same piece of land.

Eminent Domain

What is eminent domain? When the government decides to purchase land they are able to do so even if the owner does not wish to sell. The government is, however, required to give notice for their intentions so that the owner can formally object of the purchase if needs be. This may result in a hearing so that both sides of the case can be heard. In some cases, the property owner is able to receive an award for damages. Unfortunately, if the case has to go to court and the property owner loses, they may be responsible for all of the court costs.

Land Use Laws and Zoning

Zoning regulations are imposed by the municipalities on those wishing to build or expand in certain areas in the city. It is seen as a way of protecting the future development of all the different districts that are in the city, including residential, commercial, and industrial areas. Various regulations can be extremely strict, even limiting people on what types of structures can and cannot be built in a specific area or limiting the way in which utilities are handled. In addition, many zoning laws are intended to help protect the integrity of any present historical buildings. The only real way to fight zoning laws is if you appeal to the government for an exception or if you can prove that the regulation goes against the constitution.

Land use issues are typically more complicated than not. Whether you are dealing with easements, eminent domain or zoning laws, our New York City litigation attorneys at the Law Office of Steven R. Sutton may be able to assist you. We have over 75 years of combined experience on our side and are committed to fighting for the rights and best interests of our clients. We not only are able to help in New York City real estate litigation cases, but in business litigation, debt relief, and appellate practice as well. We have recovered millions of dollars on behalf of our clients, so contact a NYC litigation lawyertoday to learn how we could help you.