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Legal and Practical Issues of New York Easements

 
Learn how to create, draft, and handle the complex issues with New York easements.Common mistakes lawyers and others make regarding easements are that 1) they attempt to treat them like contractual obligations, 2) they fail to record the easement in both the servient and dominant estates’ chains of title and 3) they treat an easement as a right of exclusive possession when it is merely a right to use real property for a limited purpose. Accordingly this topic will review the requisite elements necessary to establish each type express or implied easement recognized in New York as well as how to distinguish easements from licenses or other interests in real property. This topic will also explore how and to what extent easements can be used, maintained, relocated, transferred or extinguished pursuant to New York law. Topics to be addressed include: the creation of express easements by reservation or by grant, permanent easements, temporary easements, easements in gross, implied easements, paper street easements and prescriptive easements as well as maintenance, repairs and improvements to easements, obstruction and interference with easements, extinguishment of easements by Adverse Possession, Conveyance, Condemnation and Abandonment as well as the extinguishment or transfer of easements by deed, agreement and statute.

Faculty

Laura E. Ayers, Esq.

Laura E. Ayers, Esq.

Law Office of Laura E. Ayers, Esq.

Agenda

Faculty

Laura E. Ayers, Esq.

Laura E. Ayers, Esq.

Law Office of Laura E. Ayers, Esq.

  • Actively at the helm of her own law firm since 2010
  • Admitted to practice in New York in 2004
  • Practice emphasizes exclusively on complex real property disputes including but not limited to easements, access to property disputes over public and private highways, boundary line disputes, adverse possession, riparian and littoral rights
  • Frequent lecturer on topics such as Easement Law in New York, The New York State Highway Law, Riparian and Littoral Rights in New York, Boundary Line Disputes in New York and New York Canal Law
  • Author of several articles for the Empire State Surveyor
  • J.D. degree, Albany Law School; graduate of Rensselaer Polytechnic Institute
  • Member of the New York State Bar Association, Real Property and Environmental Sections and the Schoharie County Bar Association

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