Features

Enforcing Conservation Easements
In Peconic Land Trust, Inc. v Salvatore, the Second Department affirmed the Motion Court’s grant of summary judgment upholding the notice provisions in a conservation easement and held that the landowner’s failure to notify the land trust before they cut down trees that were protected by that conservation easement was a material violation of the easement. The Second Department affirmed Justice Pastoressa’s decision and held that the land trust was entitled to judgment “compelling the restoration of the [protected] property to the condition that existed prior to such violation.”
Columns & Departments

Development
Denial of Variances and Special Permit Upheld
Columns & Departments

Co-ops and Condominiums
Evidence Establishes Intent to Create Joint Tenancy
Columns & Departments

Landlord & Tenant Law
Reliance Not Necessary to Establish Fraud Exception to Four-Year Lookback PeriodGuaranty Survives Lease Modification
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Real Property Law
Easement By Prescription Claim Upheld; Easement By Necessity Claim DismissedEasement By Necessity to Obtain Access to Crawl SpaceImplied Easement Based on Pre-Existing UseConstructive Trust Over Half Interest In PropertyAdverse Possession of Beachfront Land
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