Real Estate Easement Documents

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Commonly Asked Questions about Real Estate Easement Documents

What is the law on easements in California?

Prescriptive Easement A prescriptive easement is produced when someone utilizes another persons property in a specific way for a lengthy period without their consent. To establish a prescriptive easement in California, the adverse use of the land must be open, notorious, and continuous for at least five years.

What are the different types of easements in NY?

There are generally two types of easements described in New York State case law: (1) an easement appurtenant (or an easement that runs with the land); and (2) an easement in gross (or a personal easement/license).

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.

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)

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 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.

Who maintains an easement in NY?

The short answer is the owner of the easement is responsible for maintaining the easement.

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.