New York Right of Way and Easement
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FAQ
An easement, including a right of way, is typically granted by one landowner to another landowner. Generally, easements are granted by will, by deed or by a contract. However, an easement can also be granted by adverse possession, which is known as a prescriptive easement.
What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.
An easement is said to "run with the land", i.e. it cannot be sold separately from the land but must be passed on with the land whenever the land is transferred to a new owner.
A right or restriction that affects all current and future owners of real property and transfers with title to the property. Covenants (both affirmative and negative), restrictions and easements can all run with the land and bind all future owners of the subject real property.
If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.
What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.
Quiet the Title. Allow the Purpose for the Easement to Expire. Abandon the Easement. Stop Using a Prescriptive Easement. Destroy the Reason for the Easement. Merge the Dominant and Servient Properties. Execute a Release Agreement.
Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.
An easement which passes (or runs) with land so as to benefit successors can only exist where a number of requirements are satisfied: The right must be one which is capable of being an easement (examples include rights of way, rights of light and a right to the passage of water).