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Easements and the 'Stranger to the Deed' Rule

By Stewart E. Sterk
May 27, 2010

In Cerniglia v. Church of the Holy Name of Mary, decided on April 20, the Second Department confronted an argument about the scope of New York's “stranger to the deed” rule. That rule, whose origins date back at least to the 19th century, holds that a deed to land may not create an interest in the deeded land in favor of a person not party to the deed. Although the Second Department held that the rule did not apply in Cerniglia, the court's opinion raises a more basic question: Why not abandon the rule altogether?

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