Legal Question in Real Estate Law in New York
In New York State: I have a deed with a reciprocal easement appurtenant for a shared driveway however this easement is conditioned upon an unenforcable restrictive covenant requiring that the properties be owned only by caucasians. Does this restrictive covenant invalidate the entire easement?
3 Answers from Attorneys
When you say "conditioned upon" you are using a term that is legally ambiguous. Is the grant of the easement a "base" grant, "to A, so long as . Mercifully, under the Estates Powers & Trusts Law, the grantor here has a remainder, not a possibility of reverter. Is the easement limited to determine upon the defeasance, breach or termination of the restrictive covenant?
This is a conveyancing exercise. The exact words are indispensable. A lawyer would need to see the deed and the while thereof.
If the restrictive covenant is no longer enforceable, it should not invalidate the original agreement.
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