Property Ownership
New York's Real Property Law creates an 'easement by necessity' when:
AA property owner needs to install utility lines
BA parcel is entirely landlocked and has no access to a public road as a result of a conveyance that separated it from the grantor's other land✓ Correct
CA neighbor's building encroaches on the property
DA property owner wants to preserve open space
Explanation
In New York, an easement by necessity arises when a parcel is landlocked (has no access to a public road) as a result of a conveyance that severed it from a common grantor's land. The law implies an easement across the grantor's retained land to provide the landlocked parcel with access.
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
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