Common Title Issues and How Attorneys Resolve Them

Eugene Strupinsky • April 10, 2026

In any real estate transaction, ensuring that the title is clear before closing is essential. Title issues can delay or even derail property sales, causing stress for all parties involved. The legal landscape in New York can be particularly challenging due to the complex history of properties in neighborhoods like Brooklyn, where multiple prior owners and older deeds are common. Attorneys play a vital role in resolving these issues to help buyers, sellers, and lenders avoid future disputes or financial loss.

Understanding Easements and Their Impact on Title

Easements grant others the right to use a portion of a property for a specific purpose. In Brooklyn, for instance, shared driveways or access paths between brownstones are common examples, and discovering an undisclosed easement during a title search can raise red flags. An easement may impact future development or limit the use of the property, causing concern for buyers. An attorney reviews the title report, traces the history of the easement, and negotiates solutions such as formalizing agreements or obtaining necessary releases to clear the title before closing.

Dealing with Liens: A Common Challenge

Liens, whether they stem from unpaid property taxes, construction work, or judgments against a previous owner, pose a significant barrier to transfer of clean title. In New York's ever-evolving market, a buyer may uncover municipal liens or old unpaid utility bills attached to the property. Attorneys resolve these by:

Investigating the origin and validity of each lien
Negotiating with creditors for settlement or payoff
Ensuring all releases are properly recorded

This thorough approach prevents buyers from inheriting someone else's financial obligations at closing.

Boundary Disputes and Encroachments: Protecting Property Rights

Boundary disputes are a frequent issue in densely packed neighborhoods like parts of Brooklyn. For example, a fence encroaching over a property line or confusion due to outdated or incorrect surveys can spark disagreements between current or prospective neighbors. Attorneys address these matters by ordering updated surveys, reviewing historical deeds, and in some cases, initiating quiet title actions. By proactively resolving disputes, they provide clients peace of mind that the parcel's limits are undisputed at closing.

Clearing Title Before Closing: The Legal Process

Clearing a title is a comprehensive process that ensures all obstacles are addressed before ownership is transferred. Attorneys representing buyers or sellers perform the following actions to secure a clear title:

Conducting due diligence and a meticulous title review
Communicating with title insurance companies to identify and rectify issues
Facilitating settlements that satisfy outstanding judgments or claims
Drafting and recording legal documents to remove encumbrances

In New York, these steps are critical, considering the city's diverse property histories and intricate legal environment. A knowledgeable legal team will anticipate common pitfalls and efficiently navigate the process, ensuring a timely closing.

Ready for a Smooth Closing? Contact Khalifeh & Strupinsky, P.C. Today

If you are facing complex title issues in Brooklyn or the New York, NY area, working with experienced real estate attorneys is key to a successful transaction. Khalifeh & Strupinsky, P.C. regularly assists clients with real estate closings, title review and the resolution of easements, liens, and boundary matters unique to the local market. Safeguard your investment by calling 917-717-5007 or filling out the online form on our website to schedule a confidential consultation.

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Charged With a Weapons Offense in New York? What You Need to Know About Your Defense

By Eugene Strupinsky • August 19, 2026

Learn what to do if charged with a weapons offense in New York. Call Khalifeh & Strupinsky, P.C. in Brooklyn and NYC for legal defense guidance and representation.

What Executors Need to Know About Estate Administration in New York

By Eugene Strupinsky • August 12, 2026

Serving as the executor of a loved one's estate is an important responsibility, but it can also bring unexpected legal challenges, time-sensitive obligations, and personal liability. If you have been appointed as an executor in New York, it is essential to understand the estate administration process, the critical deadlines involved, and when it is prudent to seek legal support to fulfill your duties effectively. The Initial Steps: Filing With Surrogate's Court The estate administration process in New York begins with the executor filing the will and a petition for probate in the Surrogate's Court within the county where the decedent lived. This initiates the formal legal proceeding to validate the will and empowers the executor to act on behalf of the estate. In Brooklyn and the greater New York City area, court schedules can vary seasonally, and local rules may impact timing. The court will issue Letters Testamentary, which legally recognize the executor's authority to administer the estate. Delays in filing with Surrogate's Court not only slow down the administration but may also put an executor at risk for claims of mismanagement, especially in situations where beneficiaries or creditors have questions about the estate's status. Proper filing also ensures compliance with state requirements and avoids unnecessary legal complications. Identifying and Collecting Estate Assets One of the core responsibilities of the executor is to identify, gather, and safeguard all assets belonging to the decedent. This inventory can include bank accounts, real estate, vehicles, investment accounts, insurance policies, business interests, and personal effects. In New York, certain assets such as jointly owned property or accounts with designated beneficiaries may pass outside of probate, but all assets should be accounted for during administration to comply with the state's rigorous standards. Executors in the city often face practical challenges such as navigating co-ops or condos, securing vacant property, and managing assets that require specialized valuation. Prompt action in collecting assets protects the estate from loss or misappropriation and is a vital part of fulfilling fiduciary obligations. Settling Debts, Taxes, and Final Expenses Before any distribution to heirs can occur, executors must address outstanding debts, taxes, and costs. These may include: Decedent's medical bills Credit card balances Utility bills Funeral expenses New York State and federal estate or inheritance taxes The executor is responsible for notifying creditors, vetting claims, and ensuring that legitimate obligations are paid from estate assets. Failing to properly settle these debts, or distributing assets too soon, exposes the executor to possible personal liability. In the New York climate, certain tax deadlines can coincide with seasonal court closures or delays so staying organized is critical. Distributing Assets to Heirs and Beneficiaries Only after all debts, taxes, and court-approved claims have been satisfied may the executor distribute remaining assets as directed by the will. This often involves preparing an accounting, obtaining discharge releases from beneficiaries, and sometimes petitioning the Surrogate's Court for final approval. Brooklyn families often benefit from clear communication at this stage, reducing the risk of misunderstanding or disputes between heirs. Why Work With an Estate Administration Attorney? Given New York's complex probate landscape, working with a qualified estate attorney can safeguard both the executor and the estate. Legal counsel can provide guidance on court procedures, help ensure tax compliance, resolve contested issues, and minimize the risk of personal liability. Firms like Khalifeh & Strupinsky, P.C. offer estate administration , probate law , and estate planning services that are tailored to the unique demands of the Brooklyn and greater New York area. Contact Our Brooklyn and New York Estate Attorneys Today If you have been appointed as an executor and have questions about your obligations, timelines, or potential risks, consider consulting Khalifeh & Strupinsky, P.C. Our team serves Brooklyn and New York, NY helping executors navigate Surrogate's Court, asset collection, debt settlement, and proper estate distribution with clarity and confidence. Call 917-717-5007 or fill out our secure online form to schedule a consultation and protect your interests as you administer your loved one's estate.