An easement is not a personal right of the landowner but is an appurtenance to the land benefitted by it, and a grant of the land carries with it the grant of the easement. There is an easement appurtenant when the easement is created in writing, subscribed by the creator, and burdens the servient estate for the benefit of the dominant estate. However, the rule in New York is that a deed with a reservation or exception by the grantor in favor of a third party, a so-called stranger to the deed, does not create a valid interest in favor of that third party. Therefore, in order for an easement by grant to be effective, the dominant and servient properties must have a common grantor.
Daniello v. Wagner, NY Slip Op 06116 (2d Dep't November 29, 2023)
