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Real Property Law
City Holds Easement to Property Sold At Tax Foreclosure
Bikes by Olga, LLC v. People
2025 WL 610533
AppDiv, First Dept. (memorandum opinion)
In an action by landowner to quiet title to Brooklyn property under the Williamsburg Bridge, the city appealed from Supreme Court’s grant of summary judgment quieting title in the landowner. The Appellate Division reversed, holding that the city held an easement to the disputed land.
In 1983, the City conveyed the disputed property to a private owner, reserving an easement to the disputed property for maintenance of the Williamsburg Bridge. That deed, and a subsequent deed between private owners that recognized the easement, were properly recorded. Then, in 1992, the State exercised its eminent domain power to acquire title for the benefit of the City. However, the notice of appropriation was erroneously recorded against a different parcel, and the City continued to send tax notices to the prior owner. In 2019, current owner acquired title at a tax foreclosure sale. Although the judgment of foreclosure and the terms of sale indicated that the sale was subject to all easements, the referee’s deed did not reference any easements or indicate that the conveyance was subject to easements. Current owner then brought this action to quiet title, and Supreme Court granted landowners summary judgment declaring that it enjoyed the exclusive right to possession and enjoyment. The City appealed.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.