what type of lawyer handles easements in nyc

Where can I find an easement lawyer in New York?

EASEMENT LAW in NEW YORK Laura E. Ayers, Esq. The Law Office of Laura E. Ayers, Esq. 223 Church Street Fultonville, NY 12072 (518) 922-5086 www.lauraayerslaw.com Introduction •Definition of EASEMENT:

Who is the owner of an easement on a property?

Although an easement grants a possessory interest in the land for a specific purpose, the landowner retains the title to the property. Easements may be given to anyone, such as neighbors, government agencies, and private parties.

How are express easements interpreted in New York?

When called upon to interpret an express easement, New York courts seek to ascertain the intent of the parties by looking to the circumstances surrounding the execution of the easement agreement. Easements By Implication From Preexisting Use – To establish an easement by implication from preexisting use, a claimant must prove three elements:

What should I do when negotiating an easement?

When negotiating an easement it is important to do the following: Specify the Scope of the Easement: It is important to specify the scope of the easement when granting a private easement to another party.

What can an attorney do for easements?

Where to file an easement?

What are the different types of easements?

What is negative easement?

How to find out if you have an easement?

What is the legal right to use another person's property?

How many types of easements are there?

See more

About this website

Rights and Duties of Easement Owners – For Dummies - Porter Simon

Jim Porter is an attorney with Porter Simon licensed in California and Nevada, with offices in Truckee and Tahoe City, California, and Reno, Nevada.Jim’s practice areas include: real estate, development, construction, business, HOA’s, contracts, personal injury, accidents, mediation and other transactional matters. He may be reached at porter@portersimon.com or www.portersimon.com.

What You Should Know About Easements and Rights-of-Way

Brendon DeSimone Brendon DeSimone is the author of Next Generation Real Estate: New Rules for Smarter Home Buying & Faster Selling.A 15-year veteran of the residential real estate industry and a nationally recognized real estate expert, Brendon has completed hundreds of transactions totaling more than $250M.His expert advice is often sought out by reporters and journalists in both local and ...

Guide to Easements: 10 Types of Property Easements - MasterClass

Understanding easements is crucial when you might need to use another person’s property for a specific purpose.

What is an easement in real estate?

An easement is a piece of land where a person, other than the owner, has the right to use it for a specific reason. Since the reasons vary, there are various types of easements, and they can apply for anyone from a neighbor to a government official. An easement is dealt with by a real estate attorney as they come under real property law.

How to terminate an easement?

Yes. Regarding terminating an easement, your attorney will show one of five things. They are as follows: 1 The necessity for the easement has ceased 2 The easement beneficiary has walked away 3 Both parties mutually agree to a termination 4 The term of use has expired 5 There is sufficient interference concerning the owner's use of land

How to get an easement in Idaho?

How Do You Create an Easement? In Idaho, there are four ways to obtain an easement on another person's property. The first is the simplest - the person who needs the easement buys the land from the owner. To do this, both parties need to sign an agreement and sign it in the relevant county.

What is an easement termination?

Both parties mutually agree to a termination. The term of use has expired. There is sufficient interference concerning the owner's use of land. To create an easement, an attorney will usually draft a written version. They do this by deed, contract, or restrictive covenant.

Can an easement exist even if it hasn't been recorded?

Finally, an easement can be implied to exist even if it hasn't been recorded and prescriptive use doesn't apply.

Can you file for an easement in Idaho?

Farmers have used this method of easement before, but it's very rare. Thirdly, you can file for an easement if you have used the land without permission for many years. Finally, an easement can be implied to exist ...

Can you get relief from an easement?

Alternatively, if you can seek relief from the court by claiming an easement has unduly burdened you and the court agrees, you can from benefit from restriction or termination of an easement. Although improper use of an easement might not qualify, a judge may award punitive damages.

Ginsburg & Redmond, P.C

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Law Offices of Lawrence F. DiGiovanna

Trusted and Reputable New York Real Estate Law Attorneys. We Handle All Real Estate Law from Cooperative and Condominium Law to Residential & Commercial Sales. Call TODAY!

Knuckles, Komosinski & Manfro, LLP

When you need legal representation for your Easement, connect with Knuckles, Komosinski & Manfro, LLP in New York, New York.

The Law Offices of Daniel A. Singer PLLC

Contact The Law Offices of Daniel A. Singer PLLC for experienced Easement guidance in New York, New York.

Jeffrey L. Hersh, Attorney at Law

Easement concerns can be addressed by Jeffrey L. Hersh, Attorney at Law. This practice offers legal representation for clients in the New York, New York area.

Ginsburg & Redmond, P.C

Ginsburg & Redmond, P.C., serving clients in the New York, New York area, a reputable legal practice for Easement issues.

Robins Kaplan LLP

When you need legal representation for your Easement, connect with Robins Kaplan LLP in New York, New York.

What to do if you have an easement dispute?

If you are involved in an easement dispute, you should contact an experienced real estate attorney as soon as possible. A real estate attorney will review your case, along with all relevant documents such as contract, deeds, and surveys, and advise you of your legal options.

How to prove an easement?

Easements By Implication From Preexisting Use – To establish an easement by implication from preexisting use, a claimant must prove three elements: 1 Unity of title followed by a subsequent separation of title; 2 That prior to the separation of title, the claimed easement had been used for so long and in such an obvious or apparent manner as to demonstrate it was meant to be permanent; and 3 That the use is necessary for the beneficial use and enjoyment of the property retained.

How to prove easement by necessity?

Easements By Necessity – To prove the existence of an easement by necessity, a claimant must show a severance of the unity of title that gave rise to the the necessity for the easement. If the need for the easement was not present at the time of the severance of the unity of title, an easement by necessity will not be found.

What is an easement appurtenant?

Easement Appurtenant - Easements appurtenant benefit a particular parcel of land. Easements appurtenant must be in writing, signed by the grantor, and identify the dominant and servient estates. The dominant estate is the land which benefits from the easement. The servient estate is the land which is burdened by the easement. Under New York law, an easement appurtenant may be extinguished by abandonment, conveyance, condemnation, or adverse possession.

How long is an easement by prescription?

Easements By Prescription – An easement by prescription may be proven upon a showing that the use of the land over which the easement is claimed had been adverse, open, notorious, continuous, and uninterrupted for at least ten years.

What are easements in gross?

Easements In Gross – Easements in gross benefit a particular individual or a particular entity.

What is a servient estate in New York?

The servient estate is the land which is burdened by the easement. Under New York law, an easement appurtenant may be extinguished by abandonment, conveyance, condemnation, or adverse possession. Express Easements – An express easement may be created by deed or other written instrument.

What is an easement attorney?

An easement attorney should be well-schooled and experienced in the various easement laws in the State where they operate, and because these laws can be quite different from State to State and even from one county to another, hiring someone who knows the local layout, as far as easement laws, is pretty important. Those who run into various easement issues are sometimes surprised by the commonality and the wide spectrum of easement cases.

What is an easement?

An easement is a somewhat unique situation, but may be more common than many property owners realize. This is when someone besides the owner of a piece of land or property has some right over some portion of that property, either to use the land for a particular purpose, run the land, even live on a piece of the land. The specific details of various easements vary quite a bit and there is a near limitless number of possibilities. Easements are not always for individuals. More commonly it is for some government (local or federal), a business, or a utility company.

What to do if you allow someone to use land put in writing that it is not and easement?

If you allow one to use land put in writing that it is not and easement, the help of a lawyer to draw this up is recommended. Check property regularly to ensure it is not being used in such a way that may lead to an easement should it continue for whichever time frame local governments have specified. Give permission, which can seem counter-intuitive but which can establish that you are lending in a limited timeframe preventing an easement.

Igor Grichanik

I would suggest hiring a good real estate attorney that litigates cases (not just a joe-shmoe who does closings) or an attorney that handles property damage cases.

Mitchell Aaron Nathanson

I think you are too late to sue to recover. You should have retained a Real Estate Litigation attorney and obtained an Emergency Order which would have triggered their homeowners insurance company and possibly their title insurance company to defend the action.

What can an attorney do for easements?

An attorney will also be able to assist you in negotiating an easement. Finally, an attorney will be able to represent you at any court hearings, should you be sued over an easement related to your property.

Where to file an easement?

Once you have a fully executed easement, you should then file the easement in your local county’s land records office.

What are the different types of easements?

In general, there are three different types of easements: Easement by Prescription: This type of easement is also known as a prescriptive easement.

What is negative easement?

Negative easements are generally treated as restrictive covenants. An example of this would be if a new condo were being built, and the owners of an existing condo building do not want their ocean view blocked by the new building. A negative easement may address this concern. Some other types of easement include:

How to find out if you have an easement?

However, the best way to know whether or not your property has an easement is to contact the County land records office or County Clerk’s office.

What is the legal right to use another person's property?

The legal term “easement” refers to the legal right to use another person’s real property, for a specific purpose and a specific amount of time. An easement gives a person the legal right to go through another person’s land, as long as the usage is consistent with the specified easement restrictions. Although an easement grants a possessory ...

How many types of easements are there?

Different states may recognize several different types of easements, depending on that state’s specific real property laws. In general, there are three different types of easements:

What can an attorney do for easements?

An attorney will also be able to assist you in negotiating an easement. Finally, an attorney will be able to represent you at any court hearings, should you be sued over an easement related to your property.

Where to file an easement?

Once you have a fully executed easement, you should then file the easement in your local county’s land records office.

What are the different types of easements?

In general, there are three different types of easements: Easement by Prescription: This type of easement is also known as a prescriptive easement.

What is negative easement?

Negative easements are generally treated as restrictive covenants. An example of this would be if a new condo were being built, and the owners of an existing condo building do not want their ocean view blocked by the new building. A negative easement may address this concern. Some other types of easement include:

How to find out if you have an easement?

However, the best way to know whether or not your property has an easement is to contact the County land records office or County Clerk’s office.

What is the legal right to use another person's property?

The legal term “easement” refers to the legal right to use another person’s real property, for a specific purpose and a specific amount of time. An easement gives a person the legal right to go through another person’s land, as long as the usage is consistent with the specified easement restrictions. Although an easement grants a possessory ...

How many types of easements are there?

Different states may recognize several different types of easements, depending on that state’s specific real property laws. In general, there are three different types of easements: