New York City Easement Attorneys
New York Easement Litigation Attorneys
Easements and rights-of-way involve a limited right to use another person's property for the benefit of your property. Such property rights can be established in deeds, by easement agreements, or through adverse possession (which involves the use of another's property for a certain period of time).
Some examples of easements and rights-of-way include:
- Shared driveways
- Emergency vehicle access roads
- Access needed to maintain property
- Utility company or government access
- Beach access rights in the Hamptons or other local beaches
- Lake access rights
- Boardwalk access rights
- Access to public roadways
- Access for utility and sewage lines
Disputes arise as to the following regarding easements and rights-of-way:
- Scope of the easement
- Length and width of the area subject to the easement
- Location of the easement
- Who is entitled to use the easement
While it is beneficial to resolve such disputes in a neighborly fashion, which sometimes can be effectuated by the parties entering into a new easement agreement to control future rights, sometimes this is just not possible. It is important to realize if a dispute leads to litigation by a person who claims the right to use your property, they may file a Notice of Pendency against your property which can adversely affect your rights therein and cause problems in the event you seek to sell or finance your property while the property is encumbered.
Our attorneys can assist you in any stage of this process, by negotiating an drafting easement agreements to protecting your property rights in any litigation regarding easements or rights-of-way. We have extensive experience in reviewing property records to determine what easement rights exist, if any. Our review of such matters includes, but is not limited to, title searches and reviews of surveys, deeds, recorded agreements, field maps, and aerial photographs.
The Help You Need, When You Need It
Legal problems can often leave a person feeling powerless. Hiring a dedicated and knowledgeable attorney can help you regain control over your life. Contact our office by phone at 212.226.2400 to arrange for an initial consultation.
PLEASE NOTE THAT UNLIKE PERSONAL INJURY CASES, WHICH ARE HANDLED ON A CONTINGENCY BASIS, EASEMENT CASES ARE BILLED ON AN HOURLY BASIS. THERE WILL BE A FEE OF $250.00 FOR AN INITIAL CONSULTATION IN EASEMENT CASES AND AT THE INITIAL CONSULTATION A FEE SCHEDULE WILL BE DISCUSSED IN THE EVENT THAT THE CLIENT DECIDES TO RETAIN OUR OFFICE.