Legal Question in Real Estate Law in New York

I am purchasing an easement for a dock and the contract states the dock can be used for boating only but I want to also add a clause that states quiet use or quiet enjoyment so I can use it for swimming and sunning. The owner is amenable to this. We just need to figure out how to say it in the contract. Can you help?


Asked on 1/20/12, 5:31 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

You need more than an easement, because an easement is for ingress and egress. You need to add a clause that licenses your use and occupation of the dock for swimming and sunning. A license is just a grant of permission to use real estate. The license and easement should be woven together so that the owner can't cancel your license as long as you own the easement. You might need a few hours' time from an attorney to do this right.

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Answered on 4/12/12, 11:28 am


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