Legal Question in Civil Litigation in New York

Dongan Patent

As a resident of Southampton, NY, the Dongan Patent of 1686 guarantees to me the right of free passage along any beachfront in the township. Due to erosional problems, this passage is often impeded by the construction of bulkheads or rubble piles as shore protective devices. Although this construction was often done with proper permits, erosive loss of beachfront has caused many of these structures to protrude onto land which is clearly in the public domain. My question: Does the beachfront property owner have a requirement to provide access over or around these impedences? As a resident, do I have the right to sue for free passage? Thankyou for your consideration.


Asked on 6/08/03, 9:35 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Dongan Patent

The Dongen Patent you describe establishes an 'easement'. While the easement may not be removed or impeded, it may be blocked temporarily for the purpose of maintenance. Who can enforce the easement is a question best answered by the terms of the Dongen Patent law/bequest/indenture. In general, any person for whom the easement is intended to benefit may sue on the easement. You are welcome to a consultation at my offices for no fee at 42 West 44th St, NY,NY. Please call for an apointment first -646-591-5786.

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Answered on 6/08/03, 10:55 am


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