Legal Opinion
Spiegel v. Ferraro
New York Court of Appeals
Decided June 6, 1989PublishedCited by 64 opinions
1Opinion of the Court
OPINION OF THE COURT
Alexander, J.
Where an easement has been definitively located and developed through use, there is no requirement that its owner demand the removal of obstructions blocking the easement before it may be extinguished by adverse possession. A use of an easement which is exclusive, open and notoriously hostile to the interests of the owner commences the running of the prescriptive period and the user may extinguish the easement if that use continues uninterrupted for a period of 10 years. Defendants having demonstrated that these requirements of adverse possession have been…
2Cases cited21 opinions
- Laufer v. OstrowNew York Court of Appeals · 1982
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Brand v. PrinceNew York Court of Appeals · 1974
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
16 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Walling v. PrzybyloNew York Court of Appeals · 2006
- Becker v. MurtaghNew York Court of Appeals · 2012
- Mueller v. HoblynWyoming Supreme Court · 1994
- Wagman v. Village of CatskillAppellate Division of the Supreme Court of the State of New York · 1995
- Matoush v. LovingoodSupreme Court of Colorado · 2008
59 more not listed; retrieve them via the Exa API.