Legal Question in Wills and Trusts in New York

Interesting question.

You would sue under the NY Real Property Actions and Proceedings law to enforce an easment by necessity.

Generally, "an easement by necessity is created when a common grantor conveys a parcel which is entirely surrounded by the land from which it was severed, or by that land and the land of third parties, and is separated by that land from the highway. For instance, the owner of land abutting on a highway who sells a portion of the land without an outlet to the highway gives the grantee a right-of-way by necessity to the highway. On conveyance by the owner of an entire tract, to which a private way is appurtenant, of a portion of the tract, an easement of way by necessity over the unconveyed portion from the conveyed portion to the private way arises in favor of the conveyed portion, where otherwise there would be no means of access to or egress from the conveyed portion" (NY Jur.2d Easements section 87 [2009]).

Mike.