Stark v. Mule

The sole question raised in this ease is whether a conveyance of the appurtenances, estate and rights in a house whose fire escape leads over the grantor’s property establishes an incumbrance upon the grantor’s title to the retained property. The instant case would seem to fall within the rule of Lampman v. Milks (21 N. Y. 505), covering implied grants of “ apparent and visible easements * * * necessary for the reasonable use of the property granted.” (See Paine v. Chandler, 134 N. Y. 385.) I am aware of the decision in Caulfield v. Lobenstine (123 Misc. 285) that a fire escape is neither an…