February 19, 2010

Property.

Practice point: An owner of land abutting a highway or street owns easements of light, air, and access, regardless of ownership of the highway or the street.

Practitioners should note that the landowner cannot prevent parking on the adjoining street unless it unreasonably interferes with access.

Case: Bryer v. Terleph, NY Slip Op 00642 (2d Dept. 2010)

The opinion is here.

Monday’s issue: Motion practice.