Legal Question in Real Estate Law in New York

Lake rights
My Grandfather had property near a lake in upstate NY to ''use 50ft of lake front and 200ft of land for recreational purposes and to extend a dock ino the water''... (according to the deed). He transfered the land to me because of his failing health ( he is still alive), the land is not developed but we use the land w/ a dock and boat. The land owners attorney sent us a letter stating that the Right of way and lake rights were for My gradfathers use only, and when he transfered it, the right of way ended. It says nothing in the deed about this. It does say ''for the benefit of the grantees(my grandfather) remaining property and those he allows to use the right of way''. If nothing about ending the right of way upon tranfer is spoken in the deed is it automatic? My grndfather originally owned this piece of land and deeded it to this owner, when he put the right of way into the deed. any advice would be appreciated and/or court case decisions setting a precedent.

Asked on 7/01/01, 11:18 pm

Garry Hanlon

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Re: Lake rights

There are two kinds of easements, those that

"run with the land" and those that do not

The language you quoted seems more likely

to be the latter, which is personal and

may be extinquished with transfer of

ownership, as opposed to the former which

does not, but a full examination of the

title would be needed

Answered on 7/03/01, 9:11 pm

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