Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search

We found 1,538 results for "New York Real Estate Law Reporter"...

Landlord & Tenant
March 31, 2005
Recent important cases for your review.
Eminent Domain Law
March 31, 2005
Recent cases of importance to your practice.
Selling the State's Zoning Exemption?
March 31, 2005
The Court of Appeals recently confronted a significant zoning issue: When, and on what terms, can the state or a state agency transfer to a private entity its exemption from local zoning restrictions? In <i>Matter of Crown Communication New York, Inc. v. Department of Transportation</i> (NYLJ 2/14/05, p. 19, col. 4), a divided court held that telecommunications towers erected on state land were immune from local zoning regulations even when the much of the space on the towers had been leased to private companies. The court's decision, however, raises as many questions as it resolves.
Index
February 25, 2005
Everything that's contained in this issue, in one easy list.
The Uncertainties of the 'Unopened' Easement
February 25, 2005
Although New York courts have long-recognized that "an easement created by grant may be extinguished by adverse possession" (<i>See Harlem Commonwealth Council, Inc. v. Thomas Memorial Wesleyan Methodist Church</i>, 10 A.D.3d 572 (1st Dep't 2004); <i>Spiegel v. Ferraro</i>, 73 N.Y.2d 622, 625 (1989); <i>Gerbig v. Zumpano</i>, 7 N.Y.2d 327 (1960)), a different rule has been applied to "unopened" easements -- <i>ie</i>, easements that have been created by grant but have remained unused. Generally, a possession will not be deemed adverse to an unopened easement or right of way until three conditions have been satisfied. These conditions are: 1) the need by the easement holder for the right of way has arisen; 2) a demand has been made by the easement holder that the right of way be opened; and 3) the servient tenant (property owner) has refused the demand. <i>Castle Associates v. Schwartz</i>, 63 A.D.2d 481 (2d Dep't 1978).
Real Property Law
February 25, 2005
The latest rulings.
Cooperatives & Condominiums
February 25, 2005
Recent cases of importance to you and your practice.
Landlord & Tenant
February 25, 2005
Recent rulings you need to know.
Development
February 25, 2005
All the latest cases for your review.
Real Property Law
January 27, 2005
Recent important rulings of interest.

MOST POPULAR STORIES