In New York, an easement or right of way for access to a property is a legal arrangement that grants a person or entity the legal right to access a property owned by someone else, either for a specific purpose or as a general access provision. Easements are essential for ensuring smooth access and usage of a property, especially when multiple properties are located in proximity or when one property is landlocked. There are several types of easements or rights of way for access to property in New York, each serving a distinct purpose. These include: 1. Necessity Easements: When a property has no direct access to a public road, a necessity easement can be granted to provide the owner with a legal right to pass through neighboring properties to reach a road, ensuring reasonable access to their property. 2. Express Easements: These easements are created through a written agreement between the parties involved, specifying the exact terms and conditions of the easement, including the purpose, location, and extent of access granted. Express easements are typically recorded in the public records to provide notice to subsequent property owners. 3. Implied Easements: Implied easements are not based on a written agreement but rather arise due to prior use or assumptions about the way properties have been historically used. For example, if a property has been using a driveway owned by a neighboring property for many years without any objections, an implied easement may be recognized by the court. 4. Prescriptive Easements: Similar to implied easements, prescriptive easements are acquired through the open, notorious, continuous, and adverse use of another person's property for a statutory period, typically ten years in New York. If the claimant can prove the necessary elements, the court may grant a prescriptive easement, allowing continued access. 5. Public Easements: Public easements, often referred to as right of way, enable public entities such as government agencies, utilities, or emergency services to access private properties for specific purposes. These easements ensure public infrastructure, such as roads, pipelines, or power lines, can be constructed and maintained for the benefit of the community. When dealing with New York easements or rights of way for access to property, it is crucial to consult with an experienced real estate attorney to understand the implications, rights, and responsibilities associated with each type of easement. Proper documentation, clear agreements, and compliance with state laws are imperative to protect property rights and ensure harmonious relationships between neighboring property owners and the wider community.
New York State Property Right Of Way Laws
Description right of way agreement
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FAQ
An easement is an interest in, or a right to use, another individual's land or property, generally for a specific, limited purpose. An easement gives one party the right to access another party's land. This access can be granted to public entities or private individuals.
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.
?An easement is an interest in land created by grant or agreement, express or implied, which confers a right upon the owner thereof to some profit, benefit or dominion, or lawful use out of or over the estate of another.? Huyck v. Andrews, 113 N.Y.
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.