Easement in New York
State-specific overview · Property & Real Estate
New York requires easements to be in writing and recorded to bind future owners of the burdened property.
How New York treats Easement
Under New York law, easements must generally be documented in a written instrument and recorded in the county clerk's office to provide notice to subsequent purchasers. New York recognizes easements created by express grant, implication, necessity, and prescription (adverse use for ten years or more). The state distinguishes between easements appurtenant, which benefit a neighboring parcel and transfer with it, and easements in gross, which are personal rights that typically do not transfer. Courts strictly construe ambiguous easement language against the party claiming the easement.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.