Determining the width of a right-of-way may be more difficult than you think, even when the dimensions are specifically defined. New York courts take the approach that elevates the right of passage over full use an easement...more
The tide seems to have turned against the Town and the Trustees of the Freeholders and Commonalty of the Town of East Hampton (Trustees) in a recent decision by the Second Department....more
In New York, as a general rule, the touchstone of riparian rights has been the ownership of land touching a navigable waterway. See Bromberg v. Morton 64 AD2d 684 [2d Dept 1978]. As a result, unless expressly reserved by...more