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Real Property Law
Stranger to the Deed Rule Does Not Bar Easement Claim
Garson v. Tarmy NYLJ 10/30/20, p. 23, col. 3 AppDiv, Second Dept. (memorandum opinion)
In an action by alleged servient owner for declaratory relief and damages against dominant owners who cleared an overgrown easement on servient owner's land, dominant owners appealed from Supreme Court's grant of summary judgment on servient owner's claim for injunctive relief. The Appellate Division reversed, holding that the "stranger to the deed rule" did not bar dominant owners from their claim to have an easement over servient owner's land.
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