Real Property Law

In an action for declaratory and injunctive relief and for breach of an easement agreement, servient owner appealed from Supreme Court's grant of easement claimant's summary judgment motion, while easement claimant appealed from Supreme Court's denial for its motion for summary judgment declaring the scope of the easement. The Appellate Division affirmed, holding that servient owner had constructive notice of the easement but that issues of fact remained about the easement's scope.

When, in 1974, the common grantor of lots 1 and 2 sold off lot 1, easement claimant built a commercial building on lot 1. Common grantor subsequently granted easement claimant an express easement of access over a driveway located on lot 2. The easement was never recorded. Then, in 2016, more than 40 years later, servient owner acquired lot 2. In 2018, servient owner wrote to inform easement claimant that it would be erecting non-structural barriers because easement claimant's tenants and patrons were using the parking lot on lot 2. Easement claimant then brought this action to enforce the easement agreement. Claimant sought money damages, declaratory and injunctive relief, and specific performance of the agreement. Supreme Court rejected servient owners claim of protection as a bona fide purchaser and remanded for trial on the scope of the easement.