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Real Property Law

By NYRE Staff
March 01, 2023

Open Use of Driveway Provides Constructive Notice of Unrecorded Easement

Conwell Properties v. DAG Route Six, LLC, 2022 WL 17332520, AppDiv, Second Dept. (memorandum opinion)

In an action for declaratory and injunctive relief and for breach of an easement agreement, servient owner appealed from Supreme Court's grant of easement claimant's summary judgment motion, while easement claimant appealed from Supreme Court's denial for its motion for summary judgment declaring the scope of the easement. The Appellate Division affirmed, holding that servient owner had constructive notice of the easement but that issues of fact remained about the easement's scope.

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