Legal Question in Real Estate Law in New York

easements

what rights does the holder of an easement have to cross private property. A neighbor has an easement to cross my property to reach a lake. He wants to store boats and equiptment on the easement. Does he have the right to do this? What rights does he have and what are the limits of his rights?


Asked on 6/23/04, 2:22 pm

2 Answers from Attorneys

Kevin Connolly Kevin J. Connolly

Re: easements

His rights are whatever rights are afforded by the instrument creating the easement. If it's an easement for access, then he can enter and leave via the easement, but he has no right to store the boat: that's a trespass (exceeding the rights granted by the easement). But you absolutely have to see what's in the grant (or reservation) of the easement.

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Answered on 6/23/04, 2:25 pm
Walter LeVine Walter D. LeVine, Esq.

Re: easements

I concur with Mr. Connolly's response. You must read the document creating the easement, as it usually spells out the rights and limitations. Traditionally, all that is allowed is access to some point, nothing more. There may be more allowed, if you use the example of a sewer or electrical easement (usually underground) which allow for digging up ground to replace or repair equipment, but these are also spelled out. If you do not have a copy, it is available at your local (county) recording office for view, or should have been given you as part of your title seach when you purchased the property, if you had a title search when you purchased.

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Answered on 6/23/04, 2:53 pm


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