Legal Question in Real Estate Law in New York
Canwaterfront property lwith road access be denied road access?
Can a waterfront house with road access be denied that road access for allegedly breaking a commercial use covenent if it is a winterized house that can not get fuel delivery by water?
1 Answer from Attorneys
Re: Canwaterfront property lwith road access be denied road access?
Probably.
An Easement is conditional and limited to a specific use. Such "USAGE," conditions, limitations or "covenants," are enforceable.
Please remember, the road access is an "Easement" through and onto someone else's property.
Easements do NOT involve into an ownership interest in the property (for the user); and they always remain subject to, and based upon the rights, title and interest of the Easement property owner.
Good luck,
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