Legal Question in Real Estate Law in New York
easements/rights of way
My brother and I own adjacent waterfront properties in the Hamptons.Last year my brother ''gave'' the neighbor across the street an easement along my brother's driveway, in order for the neighbor to build a dock for his boat. The town has denied his permit to build the dock, so the easement is a moot point. Can this easement be removed from the neighbor's deed ? To complicate matters, the neighbor's house across the street was recently sold and the new neighbor is inquiring about the easement. We have told him they can't build a dock but the new neighbor doesn't want to give up the easement.Too often they just stroll down to the bay without warning, so our privacy has been compromised.
What can we do to remove this annoying easement and To prevent them from strolling to the Bay whenever they please?
--name removed---name removed-- aka [email protected]
2 Answers from Attorneys
Re: easements/rights of way
The easement runs along your brother's driveway, so there is not a while lot *you* can do about it. Maybe *he* can do something, based, perhaps, on the doctrine of frustration of purpose. One would have to see the easement deed. One would also have to engage a lawyer and most likely pay a retainer deposit.
The status of the grant as a "gift" is not going to have an effect. If there is a written, recorded deed of the easement, then your brother will have the devil's own time trying to cancel the deed. Meanwhile, the owner of the property that was intended to receive the benefit of the easement may very well have the legal right to stroll over their easement whenever they want. Your brother can call me at 212-883-1700 to set up an appointment to discuss the matter.
Re: easements/rights of way
I concur with Kevin. Unless the easement specified it was granted for the limited purpose of building a dock, if approved by the Township, so the sole condition of its granting has been unsatisfied, entitling it to be eliminated by failure to satisfy the condition of its original grant, you may probably not be able to have it removed without consent of the neighbor. The document granting it has to be reviewed by a local attorney familiar with real estate and easements, to determine if it has lapsed by failure to meet the prupose for which it was granted. If it was a general easement, without conditions, it can probably hold its status. Your only recourse may be to sue the neighbor claiming his use has caused your loss of privacy and try to get some court-imposed limitation on times when it can be used. Uphill battle for you if it was a general, rather than a limited use, easement.
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