Category Archives: Easements

Was Easement (Not) Established by Clear and Convincing Evidence?

In November 1991 or the spring of 1992, Dean L. Bloch purchased property located in Barrytown, which he later conveyed to both himself and his wife, Gale Wolfe. The Hudson River borders the western side of the property, and the rest of the property is surrounded by property that was owned by Unification Theological Seminary. The Blochs’ deed for the property included a right-of-way that abutted the property to the east and extended south to local roads.

The Blochs’ did not utilize the portion of the right-of-way that abutted their property for ingress and egress. Instead, they used a driveway that ran south through the southern boundary of their property, bisected UTS’s property, and joined the right-of-way near the southern portion of UTS’s property.

This was originally published on the SGR Blog.

Court Asked to Find Easement by Implication/Necessity

Residential Lot A in Woodside, New York, owned by John Bonadio, is situated perpendicular to residential Lot B, owned by Elizabeth Bonadio. The two lots share a border. Lot A has a detached two-car garage, the entrance to which faces a driveway situated on Lot B. John’s father (Richard) acquired title to both lots in 1953, and used the driveway on Lot B to access the garage on Lot A.

In 1962, Richard conveyed title to Lot B to himself and his wife, Jane (Elizabeth’s mother). Also, in 1985, Richard similarly conveyed title to Lot A to himself and Jane. After Richard passed away in 1997, Jane became the sole owner of both lots. In 2007, Jane conveyed Lot B to Elizabeth (John’s sister-in-law). In 2008, Jane conveyed Lot A to John, retaining a life estate for herself. Jane died in 2016.

This was originally posted on the SGR Blog.

According to Robert Frost: “Good fences make good neighbors.” (Mending Wall, 1914) But, as a recent case illustrates, a roadway crossing gate may result in an acrimonious legal dispute between contiguous property owners.

Monica and Harold Hulett and Terri Korb own neighboring parcels of land in the Town of Saratoga. Since 1986, the Huletts had accessed their property through the use of a roadway, known as Rodgers Lane, that crossed over a number of their neighbors’ parcels, including a roughly 250-foot-long portion of Korb’s parcel.

This was originally published on the SGR Blog.

Shelter Island (2010 pop. 2,392), a Town on the East End of Long Island, separated from the rest of Suffolk County by a body of water– and accessible only by ferry from Greenport (to the north) and North Haven (to the south)– is known for its bed and breakfast and boutique hotel charm and culture. But, as a recent case illustrates, the full-time residents can be as litigious as the mainlanders who visit the island.

Sharon and Brenda Grosbard and Abbey on Willow Lane, LLC own adjoining properties that were once part of a larger common parcel in Shelter Island. Abbey’s property borders the Grosbard’s property on the north and also borders a portion of it on the west. The Grosbard’s property is burdened by an express easement that benefits Abbey’s property. The easement was granted as part of a 1959 property subdivision dividing the contiguous properties. The undivided property had benefitted from an easement to the south (the so-called Willow Lane connector easement), which extended over two other properties to connect to another easement over a private road known as Willow Lane, which ultimately connected to a public roadway.