Legal Opinion
Minogue v. Kaufman
Appellate Division of the Supreme Court of the State of New York
Decided November 24, 1986PublishedCited by 18 opinions
1Opinion of the Court
An easement of way confers the lawful right to use the surface of property owned by another for unobstructed pas*792sage, with the right to enter upon said property and prepare it for that purpose, together with such other incidental rights as are necessary to the enjoyment of the right of passage (see, Herman v Roberts, 119 NY 37, 42). Where the grantor expressly states that the creation of an easement is to provide a right-of-way for ingress to and egress from the grantee’s property, then the grantee may only use the easement in such manner as is reasonably necessary and convenient for that…
2Cases cited5 opinions
- Herman v. . RobertsNew York Court of Appeals · 1890
- Grafton v. . MoirNew York Court of Appeals · 1892
- Missionary Society of the Salesian Congregation v. EvrotasNew York Court of Appeals · 1931
- Dalton v. LevyNew York Court of Appeals · 1932
- Fairfield Properties, Inc. v. PepeAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by18 opinions
- Mandia v. King Lumber & Plywood Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Karlin v. BridgesAppellate Division of the Supreme Court of the State of New York · 1991
- Hopper v. FrieryAppellate Division of the Supreme Court of the State of New York · 1999
- U.S. Cablevision Corp. v. TheodoreuAppellate Division of the Supreme Court of the State of New York · 1993
- Tarr v. DelsenerAppellate Division of the Supreme Court of the State of New York · 2005
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