December 7, 2018

Easements by grant and prescription.

Practice point:  An easement by grant is construed to give effect to the parties' intent, as manifested by the grant's language. For an easement by prescription, the standard is clear and convincing proof of the adverse, open and notorious, continuous, and uninterrupted use of the property for the prescriptive period.

Student note:  Where the easement provides for the ingress and egress of motor vehicles, it extends to any reasonable use necessary and convenient for the purpose for which it is created.

DiDonato v. Dyckman, NY Slip Op 08113 (2d Dep't November 28, 2018)

Here is the decision.