Legal Question in Real Estate Law in New York

Easement Rights

I have an easement to a lake. The easement portion of my deed reads in part; "Use of the lakefront shall include boating, fishing, and swimming." My problem is that, because of the complaint of a neighbor, the town will not allow me to have a hoist or mooring to store my boat. What exactly are boating rights?


Asked on 2/12/98, 8:10 pm

1 Answer from Attorneys
Keven Danow Danow, McMullan & Panoff, P.C.

Boating Easments

It is not possible to fully answer your question without seeing the entire text of the easment. An easment permitting access to a lake does not necessarily give you the right to install a dock or mooring. Your easment may be limited to ingress and egress. In other words, you may have a right to bring in your boat on a trailer.

You also indicate that the problem you are having is created by the town. Did the town grant you the easment? The town has the right to control land use within its boarders. But this right is not unlimited.

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Answered on 2/14/98, 2:46 pm


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