Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Relocating Easements
Under what circumstances can a servient owner relocate an easement? The Second Department recently faced that question in Gopum Corp. v. Daley, 2025 WL 1450336, reaffirming the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.
In the Gopum case, the easement holder, operator of a strip mall, acquired the easement over servient owner’s adjacent property in 1993. The easement provides access to the lower level of the mall. The easement agreement includes a survey depicting the location of the easement. In its 2021 complaint, the easement holder alleged that the servient owner had placed obstructions over the easement, blocking access to the lower level. The servient owner contended that he had relocated the easement to an area adjacent to the driveway, which still provided access to easement holder’s lower level. Supreme Court granted summary judgment to the easement holder, and the Appellate Division affirmed, starting with the principle that once an easement is definitively located by grant its location cannot be changed unilaterally by either party. In this case, the easement agreement itself depicted the easement’s location. Moreover, the court noted that, in any event, the easement holder had established that the relocation substantially impaired its use of the easement.
This premium content is locked for New York Real Estate Law Reporter subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.