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Real Property Law
Scope of Easement Included Right to Install Seasonal Dock
Gugino v. Scripa, 2024 WL 2964516, AppDiv, Third Dept. (Opinion by Reynolds Fitzgerald, J)
In an action by easement holder for a judgment declaring his easement rights and for an injunction requiring servient owner to remove a permanent dock, servient owner appealed from Supreme Court's grant of partial summary judgment to easement holder. The Appellate Division modified to reverse Supreme Court's determination that easement holder had acquired a prescriptive easement, but otherwise affirmed, holding that the scope of the easement by grant included dominant owner's right to maintain a seasonal dock.
In 1958, the predecessors in interest of the parties entered into an easement agreeing giving each of them and their successors a perpetual easement over a 44 x 38 foot parcel of land on the lakeshore for the purpose of boating, bathing and docking. Since then the easement holder had maintained a seasonal dock in the center of the lake frontage. In 2021, servient owner purchased the lakeshore frontage and installed a permanent dock where the seasonal dock had always been. Easement holder then brought this action seeking removal of the permanent dock and a declaration of his rights to the easement. Supreme Court granted partial summary judgment to easement holder.
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