Last week, in The Seaview at Amagansett, Ltd. v. Town of East Hampton Justice Paul J. Baisely, Jr. found the Town of East Hampton and several of its officials in civil and criminal contempt of the Appellate Division, Second Department’s 2021 decision that restricted access to a 4,000-foot long area of oceanfront property commonly known as “Truck Beach” in Napeague,
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Easements
Living Fences in Dering Harbor
The Board of Trustees in the Village of Dering Harbor, located on Shelter Island, adopted a resolution in February of 2018, granting an application of property owners, Brad Goldfarb and Alfredo Paredes, to install and maintain a “living fence”, commonly known as hedges, on their property. The Architectural Review Board likewise approved of the application for hedges.
Deering Point Associates,…
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Right-Of-Way Width – Not Set In Stone
Determining the width of a right-of-way may be more difficult than you think, even when the dimensions are specifically defined. New York courts take the approach that elevates the right of passage over full use an easement described by deed.
Recently, in Grosbard v Willow Lane, LLC 192 AD3d 773 [2d Dept. 2021], the Second Department confirmed that a right-of-way…
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Town’s Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled
The Ludovico Sculpture Trail (Trail) is located near the Women’s Rights National Historic Park in Seneca Falls, NY. Its website can be found at cnyhiking.com/LudovicoTrail.htm. The Trail recently became a centerpiece of a land use dispute with the Town of Seneca Falls (Town).
In Matter of Frank J. Ludovico Sculpture Trail Corp. v Town of Seneca Falls, the Fourth…
Continue Reading Town’s Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled
Second Department Reverses Mandamus Requiring Building Inspector to Issue a Permit to Construct a Dock
On October 17, 2018, the Supreme Court, Appellate Division, Second Department (“Second Department”) issued two (2) companion decisions arising out of three different attempts by Petitioners, Kleinknechts (“Petitioners”) to construct a dock at their waterfront property. Each of the attempts resulted in a Supreme Court litigation. As we blog about these cases today, no dock has been constructed despite a…
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Comfort Stations May Be Permitted Uses of Public Streets
After Hurricane Sandy devastated Long Beach and its boardwalk in 2012, officials sought to reconstruct the city’s iconic esplanade. As part of the rebuild, the Long Beach City Council determined to award contracts for the construction of comfort stations along the wooden promenade, including a comfort station at Lincoln Boulevard which would be installed as a “bump-out,” extending northwardly approximately…
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Beware The Restrictive Covenant
Also known as negative easements, restrictive covenants can wreak havoc on the ability to develop property. Recently, in our real estate practice at Farrell Fritz, we have seen two alarming examples.
In both cases, the restrictive covenant combined with applying municipal zoning requirements precluded the development of the property. Fortunately, we had inserted language into the contracts that allowed the…
Riparian Easements And Waterfront Lands
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 water becomes non-waterfront property and …
Easement Holder is “OUT” of the Game Before it Begins – Easement Lost to Adverse Possession
On at least three occasions, in 1961, 1966 and 1972, the parties to a shared driveway easement confirmed its existence in writings contained in deeds and a stand-alone written agreement.
Despite this fact, in a recent Kings County Supreme Court decision, plaintiffs Braunsteins, neighbors to the widow of famed baseball player Gil Hodges, were denied an injunction and effectively…
Charitable Conservation Easements
By Lou Vlahos, Tax Partner at Farrell Fritz, P. C.
Even a cursory review of IRS enforcement efforts over the last few years would reveal that the government has dedicated substantial resources to auditing charitable conservation easements. Rarely does a week go by without one of the information services, to which many tax professionals subscribe, reporting at least one…