New York Amendment to Easement and Right of Way (to allow it to be used for Telecommunications Purposes)
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FAQ
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
A: In New York, if a neighbor encroaches on your property knowingly and without permission for a minimum of ten years, the neighbor can claim ownership of that encroached property (NY RP ACT & PRO § 501).
The government can only acquire private lands if it is reasonably shown that the property is to be used for public purpose only. Federal, state, and local governments can seize people's homes under eminent domain laws as long as the property owner is compensated at fair market value.
Under the stranger-to-the-deed rule, a deed with a reservation or exception by the grantor in favor of a third party, a so-called stranger to the deed, does not create a valid interest in favor of that third party.
The second type of easement is easement by necessity. This type of easement typically only grants a person the right to travel through another's land only. To receive an easement by necessity, the requesting party must prove a ?severance of the unity of title.?
Filing of maps and abandonment of subdivisions in Suffolk county; penalty for nonfiling.
