Driveway Access Dispute: NY Court Upholds Easement Rights in Subdivision Case

This week we wanted to bring your attention to an interesting decision out of the Third Departments that affirmed a lower Court’s Order granting Plaintiff use and access rights over an Easement for ingress and egress notwithstanding that the grant of Easement had been expressly terminated as to adjoining lots but not specifically terminated against the Plaintiff’s Lot. 
The relevant facts of, as well as a link to, the case are set forth below.

The owner of subdivision lot 5 used an easement for the use of a common driveway over subdivision lots 3, 6 and 7 to a public street. The easement was granted by the common owner of the lots in 1980 and 1982. In 2015, the then owner of lot 5, in a transaction involving only the owners of lots 6 and 7, released her rights to the easement in exchange for a different easement and the ownership of a strip of land within lot 6. However, the Plaintiff, now the owner of lot 5, continued to use the easement previously granted. In 2020, the Defendant, now the owner of lot 3, blocked access to the easement.
 
The Plaintiff sought a declaration of its easement rights and a permanent injunction preventing the Defendant from restricting access over the driveway through Lot 3. The Appellate Division, Third Department, affirmed the grant of the Plaintiff’s motion for a preliminary injunction by the Supreme Court, Essex County. According to the Appellate Division,
 
“[a]lthough defendant contends that the 2015 transaction resulted in the easement being released over lot 3, the language of the deed specifically references the portion of the easement being released as that ‘over or through Lot 7 and Lot 6’ – with no express reference to lot 3….The affidavits submitted by plaintiff further Support the position that the easement  was not intended to be extinguished as to lot 3…”
 
As to an injunction, the Appellate Division held that the equities favored the Plaintiff’s use of the driveway through Lot 3 which had been blocked by the Defendant to preclude vehicle access to and from lot 5. Camp Bearberry, LLC v. Khanna, 2023 NY Slip Op 00009, decided January 5, 2023, is posted at https://www.nycourts.gov/reporter/3dseries/2023/2023_00009.htm

This case is another example of the importance of carefully reviewing all Covenants, Restrictions and Easement Agreements to determine how they may affect and/or restrict your Client’s use of their property so as to avoid potentially costly and time-consuming litigation in the future.