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Commonly Asked Questions about Easement Legal Documents

The Court held that an easement for a broad grant of right of way use is limited only by its reasonable use based upon the scope set forth in the written agreement and not its historical use through the parties course of conduct.
In most cases, property owners cannot block an easement as it is a legal right granted to another party. However, there may be specific circumstances where restrictions can be placed on the easements use.
In New York, an easement is a legal right that allows someone to use or access another persons 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.
Property owners may not interfere with the purpose of an easement. For example, if a beneficiary electric company has wires strung across your yard, you can not take them down or block the workers path. Violators may be held liable for damages to the easement holder.
Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
Take, for example, an easement that permits a footpath across a piece of property. In such a scenario, the property owner is prohibited from constructing any obstruction over the designated path.