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Real Property Law
Easement By Necessity Claim Fails for Inadequate Proof of Unity of Title At Severance
Creagan v. Stein NYLJ 2/26/21, p. 27, col. 1 AppDiv, Second Dept. (memorandum opinion)
In landlocked owner's action for a judgment declaring that he has an easement by necessity over neighboring land, landlocked owner appealed from Supreme Court's grant of summary judgment to neighboring owner. The Appellate Division affirmed, holding that landlocked owner had not raised questions of fact sufficient to warrant trial on the issue of unity of title.
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