By Keith R. Betensky, Esq; (914)338-8050; keith@betenskylaw.com
Shared driveways are a relatively common phenomenon in Westchester County, New York. While shared driveways can provide efficient access to multiple residences, help mitigate environmental impacts and address traffic safety issues, they can also lead to disputes regarding maintenance and repair, snow and ice removal, landscaping, trespass, nuisance, control, and compliance with municipal land use permits.
Shared driveways in New York are governed by statutory law, case/decisional law and local municipal zoning requirements.
Section 335-a of the New York Real Property Law provides an easem*nt of necessity for landlocked parcels without public access.
The Supreme Court, Suffolk County recently decided a shared driveway case entitled Capersino v. Gordon, 35 Misc.3d 1222(A) (Sup.Ct. 2012) in which the Court articulated the legal standard for an easem*nt as follows:
[“[A]n easem*nt can be created only by one who has title to, or an estate in, the servient tenement” (5–40 Warren’s Weed, New York Real Property § 40.10 [2007]; see Simone v. Heidelberg, 9 NY3d 177, 181–182; Matter of Estate of Thomson v. Wade, 69 N.Y.2d 570, 573–574). An easem*nt is not a personal right of the landowner but is an appurtenance to the land benefitted by it (the dominant estate) (see Will v. Gates, 89 N.Y.2d 778). One does not possess or occupy an easem*nt or any other incorporeal right. An easem*nt derives from use, and its owner gains merely a limited use or enjoyment of the servient land (Di Leo v. Pecksto Holding Corp. 304 N.Y. 505 [internal quotations and citations omitted] ). Express easem*nts are governed by the intent of the parties (see Lewis v. Young, 92 N.Y.2d 443; Estate Ct., LLC v. Schnall, 49 AD3d 1076). In determining the extent of an easem*nt claimed under an express grant or reservation, the ordinary rules of construction and interpretation apply, which are essentially those applicable to other written instruments, and to deeds generally (see Henricksen v. Trails End Co., 303 A.D.2d 458, lv. denied 100 N.Y.2d 506; Route 22 Assocs. v. Cipes, 204 A.D.2d 705). As applied with respect to the grant or reservation of an easem*nt, the primary rule of construction of deeds is that the real intention of the parties is to be sought and carried out whenever possible, at least when not contrary to settled principles of law or statutory prohibitions (see id.).”] Id. at 3.
Local municipalities in New York can also regulate shared driveways in the context of site plan review, subdivision plat approval, area variances, and other local laws.
Thank you for your interest in this article. If you have any questions about title issues, easem*nts, restrictions, land use/zoning permits or other real estate concerns, please do not hesitate to contact us at (914)338-8050. For more information about our firm, please visit our website at www.betenskylaw.com.
As a seasoned legal professional specializing in real estate law with a comprehensive understanding of property rights, easem*nts, and land use regulations, I can provide valuable insights into the shared driveway dynamics discussed in Keith R. Betensky's article.
First and foremost, shared driveways in Westchester County, New York, are subject to a complex web of legal frameworks comprising statutory law, case law, and local municipal zoning requirements. The article correctly highlights that while shared driveways offer efficient access to multiple residences and can address various concerns such as environmental impacts and traffic safety, they also pose challenges leading to disputes. These disputes often revolve around maintenance and repair, snow and ice removal, landscaping, trespass, nuisance, control, and compliance with municipal land use permits.
The mention of Section 335-a of the New York Real Property Law is crucial, as it establishes an easem*nt of necessity for landlocked parcels without public access. This legal provision is fundamental in understanding the basis for shared driveways and how they are governed in the state.
The reference to the Capersino v. Gordon case decided by the Supreme Court, Suffolk County, in 2012, adds a layer of legal precedent to the discussion. The court's articulation of the legal standard for an easem*nt emphasizes that it can only be created by one who has title to, or an estate in, the servient tenement. The distinction between easem*nts as appurtenances to the land and not personal rights of the landowner is crucial and aligns with established legal principles.
The article provides a concise overview of the legal landscape surrounding express easem*nts, governed by the intent of the parties involved. It correctly points out that the extent of an easem*nt claimed under an express grant or reservation is determined by the ordinary rules of construction and interpretation applicable to written instruments, deeds, and, more broadly, real estate transactions.
Local municipalities in New York also play a significant role in regulating shared driveways. The article mentions that regulations may be imposed through site plan review, subdivision plat approval, area variances, and other local laws. This underscores the importance of considering not only state laws but also the specific regulations set forth by local authorities.
In conclusion, the article provides a comprehensive overview of the legal intricacies surrounding shared driveways in Westchester County, New York. The inclusion of statutory law, case law, and local regulations demonstrates a thorough understanding of the legal framework governing these arrangements. If you have further questions regarding title issues, easem*nts, restrictions, land use/zoning permits, or other real estate concerns, the contact information provided at the end of the article offers a resource for seeking professional guidance.
