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Real Property Law
Questions of Fact About Whether Deed Conveyed to Centerline of Abutting Road
Marks v. Gaeckle NYLJ 11/5/21, p. 21, col. 1 AppDiv, Second Dept. (memorandum opinion)
In an action to quiet title, both parties appealed from Supreme Court's denial of summary judgment on all claims except for eastern landowner's slander of title claim, which Supreme Court dismissed. The Appellate Division affirmed, holding that questions of fact existed about the parties' paper title and about eastern landowner's adverse possession claim.
The parties own land on the eastern and western side of a 30-foot-wide private road that runs from Peconic Bay to a public road. Both parties have an easement over the western 15 feet of the private road, which consists of a dirt roadway. The eastern 15 feet — the subject of the dispute — consists of beach and wooded areas, with a small portion functioning as a turnoff from the driveway onto eastern landowner's parcel. Eastern landowner brought this action to quiet title, to cancel deeds purporting to convey title to western landowner. Eastern landowner also claimed slander of title. Western landowner counterclaimed, seeking to quiet title in herself.
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