This week we wanted to bring to your attention an interesting decision out of the Appellate Division, Second Department, which, in modifying a Lower’s Court’s order, confirmed that the owner of a property that is burdened by an Easement for Ingress and Egress in favor of a neighboring property may, in fact “restrict” the applicable easement area by installing gates and/or fences (collectively “Easement Encroachments”), provided such Easement Encroachments do not substantially impair the neighbor’s actual right of passage via the Easement. 
The relevant facts of, as well as a link to, the case are set forth below.

This week we wanted to remind you that Retaining Wall Inspection Reports are due to be filed with the NYC Department of Buildings (“DOB”) for all properties located in the New York County (Manhattan) with a retaining wall that faces a public right-of-way and has any portion of the wall extending ten (10’) feet or higher at any point on or before December 31, 2025 (the “Inspection Filing Deadline”).

Supplementing our 10/1/2024 Title Tuesday email regarding the filing requirements mandated under NYC Local Law 97 of 2019 (“LL 97”), which became effective on November 15, 2019, and sets limits on the greenhouse gas emissions starting in 2024 for certain “Covered Buildings”, please note that the New York City Department of Buildings (DOB) has now given property owners an option to extend the filing deadline for LL97 emission reports but only if a formal request for such extension is submitted to DOB before August 29, 2025.

This week we wanted to draw your attention to an interesting decision out of the Appellate Divisions, Third Department, that held, in relevant part, that an oral agreement between neighbors for the continued use and access by the Defendant of a water delivery system designed to primarily benefit the Plaintiff’s property violated the Statute of Frauds and was therefore unenforceable. 
The relevant facts of the attached case are set forth below.

This week we wanted to take a moment to share some exciting news with all of you. Last night, our very own Mark D’Addona was officially sworn in as President of the New York State Land Title Association (NYSLTA).  For those of you who might not be aware, NYSLTA is a professional trade organization that represents the land title industry in New York State. This includes title insurance companies, title agents, abstractors, attorneys, and others involved in the real estate and title insurance process.  NYSTLA works tirelessly to help develop and promote standards, ethics, and best practices for professionals in the title industry, to offer continuing education and training seminars to all real estate professionals, to monitor and recommend beneficial changes to proposed and existing laws and regulations affecting title insurance and real estate transactions in New York all with the aim of ensuring that homebuyers and other consumers receive fair and accurate information in real estate closings.  Additionally, NYSLTA routinely advocates, on behalf of the title industry as a whole, before the New York State Legislature, regulatory agencies (like the NY Department of Financial Services (“DFS”), and other governmental bodies to protect its interests. 

This week we wanted to alert you to a significant rule change implemented by the Financial Crimes Enforcement Network (FinCEN) as to the new reporting requirements for certain covered real estate transactions.   The new rule is designed to combat and deter money laundering by increasing transparency in the U.S. residential real estate sector without limiting the reporting to certain targeted geographical areas. The rule change requires, on a nationwide basis, certain persons involved in real estate closings and settlements to report information to FinCEN about specified transfers of residential real estate that are a high risk for illicit finance.
The final rule will take effect on December 1, 2025 (the “Effective Date”) and will apply under the following circumstances:

This week we wanted to review a question that comes up from time to time concerning whether a Life Estate can be created by a Grantor in favor of a “Stranger to the Deed.” The technical answer is no (see Sganga v. Grund, 1 AD3d 342; 2003 NY Slip Op 18026 (2003) - Link to case below) but there is a way to accomplish the same intended result if the transferring Deed is correctly drafted.

This week the Home Team wanted to bring your attention to an interesting decision out of the Appellate Division, First Department, which in affirming a Lower Court’s decision, held that a Condominium Board was not required to serve a 90-day notice upon Defendant pursuant to RPAPL  §1304 as a precondition of bringing a Real Property Law § 339-aa action to foreclose upon a condominium common charge lien. 
The relevant facts of, as well as a link to, the case are set forth below.

This week we wanted to bring your attention to an interesting decision out of the Appellate Division, Second Department, which in part, modified a lower court’s Order in a Partition Action, and directed the award of monies to reimburse a property owner for expenses he incurred in acquiring and maintaining the property, which expenses exceeded his percentage of ownership of the property.  
The relevant facts of, as well as a link to, the case are set forth below.

This week we wanted to let you know that the Financial Crimes Enforcement Network (FinCEN) has issued a temporary order granting exemptive relief from the reporting requirements of the Anti-Money Laundering Regulations for Residential Real Estate Transfers Rule (RRE Rule) discussed in our September 16, 2025 Title Tuesday until March 1, 2026 (the “New Effective Date”).
We are including below the following Links which will give you relevant information regarding both the reporting requirements and Effective Date extension for this new law:

This week we wanted to bring your attention to an interesting decision out of the Appellate Division, First Department, which, in part, confirmed that an improperly executed Right of First Refusal purchase option did not render title “Unmarketable” or place a “Cloud on Title” where the option holder had only exercised its purchase rights on a prior offer to the Seller. 
The relevant facts of, as well as a link to, the case are set forth below:  

This week we wanted to remind you about current legislation that will affect how the Peconic Bay Community Preservation Fund Tax (CPF) is calculated in several Peconic Bay towns in Eastern Long Island. Effective January 1, 2023, pursuant to revisions to New York Tax Law 1449-BB and the local town codes in East Hampton, Shelter Island, South Hampton and Southold (NOTE – The town of Riverhead did not change its CPF allowances), all conveyances made in those towns will be subject to the following adjusted allowances when calculating the CPF:

Here at Home, we are always looking for ways to provide better service to our trusted clients. In keeping with that goal, we are very excited to let you know that our new Website is now up and running. In designing this site, we made every effort to provide you with a series of valuable online tools to better enhance your practice while also simplifying access to your individual Title orders. Some of the major features of the new Website are as follows:

This week we wanted to bring your attention to an interesting decision out of the Third Departments that affirmed a lower Court’s Order granting Plaintiff use and access rights over an Easement for ingress and egress notwithstanding that the grant of Easement had been expressly terminated as to adjoining lots but not specifically terminated against the Plaintiff’s Lot. 
The relevant facts of, as well as a link to, the case are set forth below.

This week we direct your attention to an interesting Appellate Court decision in the 1^st Department which affirmed and modified a lower court ruling granting a Plaintiff-Purchaser’s motion for Summary Judgment for breach of contract. The decision was based, in part, on the fact that the Defendant-Sellers had failed to meet all of its contractual obligations before issuing Time of the Essence Letters to the Purchaser as a pre-cursor to holding Purchaser in default.
The relevant facts of, as well as a link to, the case are set forth below.

Today we wanted to bring your attention to very recent legislation signed by Governor Kathy Hochul (S.6522A/A.7363A) designed to protect patients facing steep medical bills that can lead to wage garnishment or liens against their property.