In New York, as a general rule, the touchstone of riparian rights has been the ownership of land touching a navigable waterway. See Bromberg v. Morton 64 AD2d 684 [2d Dept 1978]. As a result, unless expressly reserved by deed, if a waterfront lot is partitioned, any resulting lot that no longer physically touches the
October 2016
Nassau and Suffolk Towns Enact Tougher Laws to Combat Vacant and Abandoned Properties
The Towns of Babylon and Hempstead have recently enacted legislation designed to combat the blight associated with “zombie” homes and other vacant and abandoned properties. Both laws create a registry and require the payment of fees to offset the costs associated with monitoring and inspecting properties that are required to register.
Town of Babylon
The…
Suffolk County’s Program To Develop Preserved Farmlands Is Rejected By The Court
Beginning in 1974, Suffolk County enacted a series of laws, now codified as Chapter 8 of the Suffolk County Code, which sought to preserve agricultural lands. In exchange for paying an owner for the development rights of his/her farmland, the owner agreed to a covenant restricting the land to agricultural or open space. Between 1974…
Joint Tenants Must Hold Equal Ownership Interests in Real Property
On July 11, 2016 and August 22, 2016, we blogged about how to successfully prepare and record a deed in the State of New York. Just a few days ago, a question arose as to whether joint tenants with rights of survivorship can hold title to real property in unequal interests. Although I emphatically…
So What Exactly Are PFOS and PFOA?
There has been a lot of recent press about water pollution caused by PFOS and PFOA, in particular at Hoosick Falls in upstate New York and at the Stewart Air National Guard Base in Newburgh. You may have wondered what the heck these chemicals are and should we be worried about them on Long Island.