Issues In Establishing An Easement Over Real Property

Law school real property textbooks abound with cases addressing adverse possession, right-of-way disputes and various types of easements (prescriptive, of necessity, and otherwise).  Contemporary decisions still address those usual generic, threshold issues, but also the more granule issues of the location, size and permitted uses of easements, rights of way.  Several recent examples follow.

DiDonato v. Dyckman, 2018 NY Slip Op 08113, App. Div. 2^nd Dept. (November 28, 2018)

Supreme Court denied plaintiff's motion for summary judgment on the amended complaint and granted defendants' cross-motion for summary judgment declaring that the plaintiff was not entitled to an expansion of an easement.