Easements

Easement Attorneys in Long Island, NY

Easement disputes can create serious challenges for property owners across Long Island, particularly when they involve shared driveways, access across neighboring land, utilities, or drainage issues.

At Chiariello & Chiariello, we help clients understand and resolve easement-related real estate disputes under New York law. On this page, you will find helpful information about easements, common disputes, and how these issues are handled. If you have a legal question, contact our real estate attorneys, Dominic Chiariello & Gerald Chiariello II by giving us a call or scheduling a consultation.

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Understanding Easements in New York

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, such as access, utilities, or drainage. While the property owner retains ownership of the land, their use of that area may be limited by the easement. Learn more about easements in New York here.

How Easements Are Created

Easements in New York may be created through written agreements recorded in property records, implied circumstances based on property history, necessity when land lacks access, or long-term continuous use. The way an easement is created often determines its scope and enforceability.

Common Easement Disputes on Long Island

Easement disputes frequently arise between neighbors and can interfere with daily property use. These disputes often involve shared or common driveways, blocked access, disagreements over maintenance responsibilities, or conflicts about how an easement may be used.

Shared Driveway Easements

Shared driveway easements are particularly common on Long Island. Disputes often occur when one party blocks access, parks improperly, or makes changes that interfere with another owner’s use. A driveway easement typically allows access, but it does not grant unlimited control unless specifically stated.

Easement Rights vs. Property Ownership

A property owner owns the land itself, while an easement holder owns a limited legal right to use that land for a specific purpose. Problems arise when an easement holder exceeds their rights or when a property owner interferes with lawful use.

Can Easements Be Terminated?

Some easements are permanent, while others may be terminated through written release, abandonment, merger of ownership, or expiration based on specific conditions. Courts generally require clear legal grounds before terminating an easement.

Why Hire an Easement Attorney?

Easement disputes can be complex and often require careful review of deeds, surveys, and historical property use. Working with an experienced real estate attorney helps ensure that your rights are protected and that disputes are resolved efficiently.