Easements and Rights of Way Documents

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Commonly Asked Questions about Easements and Rights of Way Documents

Who is responsible for maintaining a right of way in NY?

In fact, the owner of an easement has the right and obligation to maintain the easement.

How is a right of way different from an easement?

Right of way is typically more specific, allowing passage or access through a designated path. Easements can be more versatile, covering a range of activities beyond just passage.

How do you terminate an easement in NY?

An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.

What is the easement law in NY?

An easement is a legal right to use someone elses land for a particular purpose. An easement does not grant any right of ownership over the land, but it does grant use of the other persons land for the purpose stated in the easement.

Do easements have to be recorded in NY?

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.

What are easements considered to be?

In real estate law, an easement is a property right that: Gives its holder (the dominant tenement) a limited legal right in land. Is owned by someone else (the servient tenement)

Can a property owner block an easement in NYS?

Adverse possession occurs when the servient estate owner, the landowner burdened with the easement, blocks the easement in a manner that is exclusive, open and notoriously hostile, preventing the dominant estate owner from using the easement for a continuous period of 10 years.

What do courts consider when determining acceptable methods of easement regulations?

If the use by the servient landowner was or should have been contemplated by both parties when the easement was created, it is considered a type of use that is reasonable and should be allowed. The courts look to the express words used in the easement to determine what respective uses were contemplated.