Legal Question in Real Estate Law in New York

easement dispute
unaware easement existed through my yard-not mentioned by predecessor-deed stated"subject to agreement between A & B made in 1945. No mention of word easement in any form.Now, non-adjoining neighbor claims easement through preprinted general appurtenance clause in lot line adjustment deed 1955 between her predecessor and B(dominant owner)History: since 1957, tall, thorny bushes obstructed the easement, prevented its use and in 1988 bushes were replaced by locked metal fence-no one atempted to use easement from 1957 until now.

Asked on 10/28/99, 9:44 am

Daniel Clement Law Offices of Daniel Clement

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Re: easement dispute

Generally, you take property subject to all easments of record. You may have some recourse. therefore, I suggst youconsult with an attorney.

Daniel Clement

Answered on 10/29/99, 11:44 am

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