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Real Property Law
Summary Judgment Denied On Prescriptive Easement Claim
Correra v. 60 Millwood Partners, LLC 2024 WL 592309, AppDiv, Second Dept. (memorandum opinion)
In an action for a judgment declaring that landowners have an easement over neighboring land, easement claimants appealed from Supreme Court's grant of summary judgment to the alleged servient owner. The Appellate Division reversed, holding that servient owner's submissions had not established that claimants' use of the path was not adverse and continuous.
Since easement claimants acquired their parcel in 1988 they have routinely used a path running south across several parcels to reach a road even though they have shared road access to the north. They contend that their purchase included an easement across the southern path. Part of that path crosses a parking lot on a parcel purchased by alleged servient owner in 2015. Servient owner blocked access soon after acquiring its parcel, leading easement claimants to bring this declaratory judgment action. Supreme Court awarded summary judgment to alleged servient owner, and easement claimant appealed.
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