New York Easement for Water and Sewer
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How to fill out Easement For Water And Sewer?
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FAQ
A corner angle of 90 degrees, placing the driveway at right angles to the highway, and a driveway width of 12 feet is considered standard and should normally be used. Other angles and widths may be selected for a particular location if an engineering determination indicates they would be more suitable.
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.
Homeowners can build a small wall or fence down the driveway to separate it if ownership is shared equally and the boundary line is in the middle. They just need to make sure the other home can still use it properly.
?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.
Shared driveways in New York are governed by statutory law, case/decisional law and local municipal zoning requirements. Section 335-a of the New York Real Property Law provides an easement of necessity for landlocked parcels without public access.
