Transcription of EASEMENT LAW in NEW YORK
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EASEMENT LAW in NEW YORK
EASEMENT LAW in NEW YORKL aura E. Ayers, Law Office of Laura E. Ayers, Church StreetFultonville, NY 12072(518) Definition of EASEMENT : Interest in Real Property Must be in writing: General obligations Law 5-703 Must be recorded: Real Property Law 291 Comprised of 2 Tenements: one Dominant and one Servient They can be Public or Private, Express or Implied They are a property right less than fee ownership They are not a possessory interest in real propertyIntroduction An EASEMENT is a permanent right conferred by grant or prescription, authorizing one landowner to do or maintain something on the adjoining land of another, which, although a benefit to the land of the former and a burden on the land of the latter, is not inconsistent with general ownership.
•(e) It imposes affirmative obligations upon the owner of any interest in the burdened property, or upon the holder; •(f) The benefit does not touch or concern real property; or •(g) There is no privity of estate or of contract.ECL § 49-0305
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