Easements are a common but often misunderstood part of New York real estate law. They frequently arise with shared driveways, access roads, utility lines, and drainage systems, and they can significantly affect how a property is used, sold, or developed.
Whether you are buying property, selling land, or dealing with a neighbor dispute, understanding how easements work in New York is essential to protecting your rights.
What Is an Easement?
An easement is a legal right that allows one party to use a portion of another person’s property for a specific purpose. The property owner retains ownership of the land, but their use of it may be limited by the easement holder’s rights.
Common examples include shared driveways, access paths, utility lines, and drainage channels.
How Easements Are Created in New York
New York law recognizes several ways an easement can be created. Each method has specific legal requirements and potential complications.
Express Easement (Written Grant)
An express easement is created through a written agreement between the property owner (the grantor) and the party receiving the easement (the grantee). To be enforceable, the agreement must be properly executed, clearly describe the easement and its purpose, and be recorded in the county where the property is located.
Easement by Implication
An easement may be implied when it is reasonably necessary for the use and enjoyment of a property, based on how the land was historically used and divided. Courts closely examine the circumstances surrounding the property transfer when determining whether an implied easement exists.
Easement by Prescription
A prescriptive easement may arise when someone uses another person’s property openly, continuously, and without permission for at least ten years in New York. This does not grant ownership of the land, only the right to continue the use.
Easement by Necessity
When a property is landlocked and has no reasonable access to a public road, a court may grant an easement by necessity. These easements are limited to what is required for access and generally last only as long as the necessity exists.
Common Types of Easements in New York
Easements serve many purposes depending on the nature of the property and its location.
Right-of-Way Easements
Right-of-way easements allow access across another property and are commonly used for shared driveways, private roads, and access paths. Disputes involving right-of-way easements are among the most frequent in New York.
Utility Easements
Utility companies often hold easements that allow them to install, maintain, and access electrical lines, water and sewer pipes, gas lines, and telecommunications infrastructure. These easements can limit where property owners build or make improvements.
Conservation Easements
A conservation easement restricts development in order to preserve environmental, scenic, or historic features of a property. These easements are often permanent and granted to government agencies or nonprofit organizations.
Drainage Easements
Drainage easements allow water to flow across one property for the benefit of another. They help manage stormwater and prevent flooding but can create disputes when maintenance responsibilities are unclear.
Rights and Responsibilities of Property Owners and Easement Holders
The rights and responsibilities of each party depend on how the easement was created and the language governing it. In general, the easement holder may use the property only for the stated purpose, while the property owner retains ownership and overall control of the land. Neither party may interfere with the other’s lawful rights.
How Easements Can Be Terminated in New York
Easements may end under certain circumstances.
A written release may occur when the easement holder voluntarily relinquishes their rights in writing. Abandonment can occur when the easement holder stops using the easement and clearly demonstrates intent to abandon it, although nonuse alone is often not enough. An easement may also terminate through merger if one party acquires ownership of both the easement and the underlying property. Some easements expire automatically if they were created with a specific duration or condition.
When to Contact a New York Easement Attorney
Easement issues often lead to disputes involving property access, boundaries, development rights, and property value. Because easements can be complex and highly fact-specific, working with a New York real estate attorney can help you understand your rights, enforce or challenge easement claims, and resolve disputes before they escalate.
Our easement attorneys in Long Island has handled numerous easement matters throughout New York and understands how these issues affect property owners in real-world situations. If you are facing an easement concern or potential dispute, we are happy to discuss your options.
Call us at 516-475-4428 to schedule a consultation.
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