Real Property Law

In landowners' action for a declaration that they hold an easement over neighboring land, servient neighbors appealed from Supreme Court's grant of a preliminary injunction to dominant landowners. The Appellate Division affirmed, holding that dominant owners had demonstrated a likelihood of success on their claims for an easement by estoppel and an easement by prescription.

The dispute revolves around the right to use the East Bay Extension, which runs from dominant landowners' parcel to Judson Road, crossing over servient neighbors' parcel to reach Judson Road. In 1968, dominant owners' predecessors acquired a permanent easement to use Judson Road itself in return for their agreement to pay the costs and maintenance fees for the upkeep of Judson Road. The East Bay Extension was built in 1969, and dominant and servient owners shared the cost of maintaining East Bay Extension until 2018. In that year, servient neighbors sought to construct a new road to reach Judson Road, and to convert East Bay Extension to private use. They obtained a permit from the Adirondack Park Agency, conditioned on continued access for dominant owners. Servient neighbors, however, declined to grant an easement to dominant owners, contending that their use had been purely permissive. Dominant owners responded with a declaratory judgment proceeding and moved for a preliminary injunction allowing them continued use of the roadway. Supreme Court granted the preliminary injunction.