New York General Form for Deed Granting Easement

State:
Multi-State
Control #:
US-01176BG
Format:
Word; 
Rich Text
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Description

An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying 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

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

Therefore, a property owner could be responsible for the maintenance and safety of an easement. For example, New York City laws require most property owners to maintain sidewalks abutting their property in a reasonably safe condition. That requirement is in place even though the public has a right to use the sidewalk.

Ing to the New York City Bar, an easement is a legal loophole that grants an interested party the right to use another person's property or land in a certain way despite not having any ownership interest. Typically, parties create easements through grants and via written agreements.

Easements appurtenant must be in writing, signed by the grantor, and identify the dominant and servient estates. The dominant estate is the land which benefits from the easement. The servient estate is the land which is burdened by the easement.

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.

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New York General Form for Deed Granting Easement