What is an easement?

An easement is a legal right that grants one person or entity to use someone else’s property for a specific purpose. In the context of residential real estate law in New York, easements enable one property owner to access or traverse the land of another in order to complete certain activities. For example, a common easement would be granting an individual the right to cross someone else’s property in order to reach their own land. This could be due to a lack of public access or a physical obstruction preventing the user from using the traditional route. Another common example of an easement is granting access to a utility company in order to provide a service such as electricity, water, or sewer access to the neighboring property. Easements are typically created for a single specific purpose and are usually inferred through a deed, contract, or court order. Depending on the language used, the easement can be either permanent, temporary, or limited to a certain activity. The holder of the easement is required to use the property in a manner consistent with their legal right and the owner of the property retains the right to use and enjoy the property. In New York, easements can be terminated if either the holder of the easement or the owner of the property no longer wants the easement to remain in effect. Additionally, if the original purpose of the easement ceases to exist, the easement may also be terminated.

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What is an easement?

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