Property Easement Documents

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Commonly Asked Questions about Property Easement Documents

Who is responsible for easement maintenance in NY?

Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.

What is a necessary easement?

An easement by necessity is defined as an easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road (Blacks Law Dictionary).

Where can I get a copy of my property survey in NY?

Call 311 or 212-NEW-YORK (212-639-9675) for help. You can request a certified or uncertified copy of property records online or in person.

How to file How to file an easement?

There must be dominant (benefitting) and servient (burdened) land, the easement must accommodate the dominant land (there must be some direct beneficial impact on the land), the dominant and servient land must be owned by different persons and the right must be capable of forming the subject matter of a grant. Top 10 Tips for dealing with Easements charlesrussellspeechlys.com real-estate to charlesrussellspeechlys.com real-estate to

How to 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.

Are New York property records public?

Property records are public. People may use these records for background information on purchases, mortgages, asset searches, and other legal and financial transactions. Reviewing these documents is not necessarily the same as a title search.

What is the easement law in NY?

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.

How do easements work in NY?

At its core, an easement is a burden that is imposed on property that benefits one estate (the dominant estate) or person and disadvantages another estate (the servient estate) or personwith the owner of an easement having the right to utilize or access some portion of anothers property.