In New York, an easement is a legal right that allows someone to use or access another person’s property for a specific purpose. It grants a non-possessory interest in the land, meaning that the easement holder does not own the property but has a limited right to use it. It is often created for common driveways or access roads.
Here are some key points about easements in New York:
1. Creation of Easements: Easements in New York can be created in several ways, including:
a. Express Grant: An easement can be created through a written agreement between the property owner (the grantor) and the person receiving the easement (the grantee). The agreement should be properly executed, signed, and recorded in the county where the property is located.
b. Implication: An easement may be implied when it is necessary for the reasonable use and enjoyment of a property, based on the circumstances and actions of the parties involved.
c. Prescription: An easement by prescription can be established when someone uses another person’s property openly, notoriously, and without the owner’s permission for a statutory period of ten years.
d. Necessity: In certain situations, when a landlocked parcel of property has no other means of access, a court may grant an easement by necessity to provide a right of passage.
Types of Easements: Easements in New York can serve various purposes. Some common types include:
a. Right-of-Way: This type of easement allows someone to pass through or use a specific portion of another person’s property for access, such as a driveway or pathway.
b. Utility Easement: Utility companies may have easements to install, maintain, or access utility lines, such as electricity, water, or gas, on private property.
c. Conservation Easement: A landowner may grant a conservation easement to a government agency or a nonprofit organization to preserve the natural or cultural characteristics of the property.
d. Drainage Easement: An easement may be established to allow the flow of water across one property for the benefit of another, ensuring proper drainage.
Rights and Responsibilities:
The rights and responsibilities of an easement holder and the property owner can vary depending on the terms of the easement agreement or the circumstances under which the easement was created. Generally, the easement holder has the right to use the property as specified in the easement, while the property owner retains ownership and control over the land.
Termination of Easements: Easements in New York can be terminated under certain circumstances, including:
a. Release: The easement holder may voluntarily release or relinquish their rights in writing.
b. Abandonment: If the easement holder stops using the easement for an extended period and demonstrates an intent to abandon it, the easement may be terminated.
c. Merger: If the ownership of the easement and the underlying property are combined under the same owner, the easement may be terminated through a process called merger.
d. Expiration: Some easements have a specified duration or a condition upon which they expire.
Since easements and their use are often complex and end up in disputes, it’s important to consult with a qualified attorney who understands real estate law in New York to handle all of your easement issues. Our firm has handled numerous easement issues over the years and we would be glad to discuss your case with you. Feel free to call us at any time – 516-801-8100.
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