New York Grant of Easement for Light and Air

State:
Multi-State
Control #:
US-01170BG
Format:
Word; 
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Instant download

Description

Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property. This works very well when there is a single property using the easement.

Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.

andair easement is a type of easement that prevents a neighboring landowner from building something that would block light or air from reaching another person's property.

This means there is no law at the federal level that protects the individual's right to light unless there is an express easement or restrictive covenant. A right to unobstructed light may be created by private parties agreeing an easement, or through the adoption of other conditions, covenants or restrictions.

A property easement gives another party the right to use another person's land without possessing the land. The title owner grants the party the right to use part or all of the land for a specific purpose. The easement could be for a specific period or indefinitely.

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New York Grant of Easement for Light and Air