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Recent Posts in Easements, generally Category

PRESTIGIACOMO'S PRESTIGIDITATION

In a fight over an easement, Andrew Prestigiacomo filed suit against June N. Ames (and others) to "quiet title"--to determine the parties' rights and interests. After the Ontario County ...
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DID WHIPPOORWILL WHIP UP EASEMENT, WILLINGLY?

Whippoorwill Club Reaches Agreement With NYC Department of Environmental Protection to Place Conservation Easement on More Than 100 Acres Easement Will Protect Sensitive Land around Kensico Reservoir ...
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LOOKING FOR FREE LANDLORD-TENANT ADVICE?

Free Monthly Legal Clinic for Tenants I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you ...
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RUMPOLE OF THE BAILEY

After Marc Bailey leased an adjoining piece of property, he was allowed to build a well and septic system and was given an easement for that purpose. When the owner later tried to revoke its approval, ...
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BUISTED!

Melvin Ickes owned property in Rhinebeck and his deed contained a right-of-way for vehicular passage over a neighbor's parcel. When Ickes hired a paving company to repair the road, including a portion ...
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THIS LAND IS YOUR LAND ....

The Krims and the Benjamins owned adjacent properties and, since the 1950's, shared a dock and pier which was on the Benjamins' property. In 1998, Jean Benjamin gave Mathilde Krim a "right-of-way" ...
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TIME EXPIRED?

The Terlephs owned a parcel of land with no direct access to a public road, but they enjoyed a right-of-way over Madeline Bryer's property. A prior owner had improved the right-of-way and created a ...
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A WOODEN EASEMENT

In Heartwood Forestland Fund, III, L.P. v Crooked Lake Preserve, LLC, Heartwood Forestland Fund sued Crooked Lake Preserve to prevent the latter from interfering with an easement. Back in 1987, in ...
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AN ELECTRIFYING EASEMENT

In Jordan v. Vogel, Allan Jordan had an easement which allowed him to use the water from a neighbor's pond to generate electricity. After Michael Wallace and John Vogel acquired the property, Jordan ...
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WHAT'S UP, DOCK?

In Kuiters v. Kukulka, Richard and Mary Kuiters -- and several other parties -- alleged David and Lizabeth Kukulka interfered with an easement which allowed "ingress and egress." Among other things, ...
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THE AD4 DELIVERS!

In Franklin Park Plaza, LLC v. V&J National Enterprises, LLC. , V&J National Enterprises (V&J) operated a "Pizza Hut" which shared street entrances and parking spaces with Franklin Park. ...
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GO EASY ON THE EASEMENT!

In Guzzone v. Brandariz, Alice Guzzone gave Linda Brandariz an easement allowing vehicular access, but when Guzzone installed air-conditioning units which interfered with that use, litigation ...
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NO REFORMING THIS

In Romanoff v. Village of Scarsdale, Tanya Romanoff's property abutted Bansom Road, which had been dedicated to the Village of Scarsdale by a private developer. A 27-foot portion of that road was ...
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AD3 ALLOWS EASEMENT'S MODIFICATION

In Town of Elmira v. Hutchison, Mark Hutchison tried to stop the Town of Elmira from modifying a drainage system situated on his land. Before Hutchison purchased the property, the prior owners granted ...
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WHY BLOCK A RECREATIONAL AREA?

In Barrett v. Watkins, Robert Barrett and others sued NY-GEN for allowing Woodstone Development to block access to a recreational area. NY-GEN, a company licensed by the Federal Energy Regulatory ...
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SPITZER VETOES ADVERSE POSSESSION BILL

NEWSFLASH! On August 28, 2007, Governor Spitzer vetoed the adverse possession bill that had been the subject of our recent blog posts. While the proposed legislation was certainly flawed, this ...
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MILNER OPINES ON ADVERSE POSSESSION

We received a letter from Robert M. Milner, Esq., litigation partner at Robinson Brog Leinwand Greene Genovese & Gluck P.C. , in response to a recent post on " adverse possession " and ...
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ROAD LESS TRAVELED?

In Mackie v. Martucci, Robert and Katherine Mackie appealed from a judgment of the Westchester County Supreme Court which found that their neighbor, Katherine Martucci, shared an " express ...
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BRIDGES OF SCHENECTADY COUNTY

In 1981, Nancy Gold acquired title to property which had an easement giving her neighbor, Carol Majkut, access to a local route by way of a gravel road and bridge situated on Gold's land. Gold ...
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PERMISSIVE EASEMENT DEFEATS ADVERSE POSSESSION CLAIM

In a dispute arising from the use of a portion of private roadway located on C.R. Wallauer's property, Lakeside Colony Condominium sought to "quiet title" pursuant to Real Property Actions and ...
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DID SELLER CONCEAL EASEMENTS?

After signing a contract of sale for the purchase of a house in Thiells, New York, Ivette Matos refused to consummate the transaction and sought to be released from the deal (and have her $35,000 ...
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THEY PAVED PARADISE FOR THIS?

In 1986, the Academy of Medicine of Queens County sold its interest in a garage site but retained an easement, or right, to use 20 parking spots, free of charge, subject to "reasonable rules and ...
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DIDN'T SHE RATIFY HUSBAND'S DEAL?

In 1989, Vytautas Vebeliunas (claiming to be the fee owner of the "burdened" property) entered into a 20-year "Lease and Easement Agreement" with Henry and Sandra Knecht, in ...
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DON'T YOU EASE-ON-DOWN MY YARD!

If you think adverse-possession disputes only occur in the "wilderness" of upstate New York, or the outer reaches of Long Island, think again. It turns out that these kinds of claims are even being ...
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