Easement Creation & Termination Attorney

img

An easement is a non-possessory right to use or enter onto another person’s land for a specified purpose. In New York, easements can be created in various ways and can also be terminated under certain circumstances. In New York, there are several methods through which an easement can be created. One such method involves an express grant or reservation, wherein an easement is formed through a deed or other written document that stipulates the specific terms and conditions of the easement. Another way easements come into existence is by implication. This usually happens when a property is subdivided into two or more lots and there is a clear requirement for the easement, such as a shared driveway, to ensure the reasonable use of one or more lots. Lastly, a prescriptive easement can also be established, quite similar to the concept of adverse possession. This type of easement is formed when an individual uses another’s property in an open, notorious, and continuous manner, without the consent of the property owner, for a span of at least ten years.

Termination of Easements in NY

Termination of easements in New York can occur through several methods, each associated with a unique set of legal procedures and requirements:

  • Express Release: This method involves the easement holder—be it an individual or a legal entity—providing a written release to the property owner. The execution of this formal document effectively surrenders their right to use the property, leading to the termination of the easement. The significance of this action lies in the complete relinquishment of the easement holder’s rights, passing the full control back to the property owner.
  • Abandonment: Abandonment serves as another pathway to easement termination. Here, the easement holder ceases to use the property and exhibits an unmistakable intent to abandon the easement. This method hinges on the principle that the easement holder’s actions—or their absence—should reflect a definitive intention to abandon their property usage rights. Upon clear demonstration and verification of this intention, the easement can be officially deemed as terminated.
  • Merger: The legal principle of a merger also facilitates the termination of an easement. This situation arises when the same person or entity obtains ownership of both the property subject to the easement and the property benefiting from it. In such circumstances, the easement essentially becomes redundant as the owner merges the rights of both properties, extinguishing the easement. The key understanding here is that a single party controlling both properties negates the need for the easement, triggering its automatic termination.

Why choose SargoLaw for easement creation and termination

Michael Anthony Sargo is an experienced real estate lawyer and attorney based in New York, recognized for his skills in managing a broad range of property law issues, including the formation and handling of easements.
With a well-established reputation for a thorough grasp of real estate law, Mr. Sargo lends his extensive knowledge to clients seeking assistance in setting up easements. Whether it involves writing a deed for an express easement grant, pinpointing scenarios where an implied easement might be required, or tackling intricate cases of prescriptive easements, he guarantees the protection of his clients’ rights and interests at all times.
Michael Anthony Sargo’s vast experience extends beyond just the setup of easements. He also provides indispensable advice in the management of existing easements. Whether a client desires a formal cancellation of an easement, wishes to comprehend the consequences of easement abandonment, or requires guidance concerning the prospect of easement termination via a property consolidation, Mr. Sargo skillfully steers through the intricacies of these legal proceedings.
His understanding of the New York real estate scene, along with his legal insight, makes him a precious asset for clients grappling with easement-related concerns. From the first meeting to the final decision, Michael Anthony Sargo is dedicated to offering professional legal counsel and high-quality representation, ensuring that every easement matter is addressed with the highest level of professionalism and legal meticulousness.