Legal Opinion
Dichter v. Devers
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 2009PublishedCited by 5 opinions
1Opinion of the Court
*806The defendants maintain that a right-of-way over the plaintiffs’ property was reserved in the plaintiffs’ deed for the benefit of an adjoining parcel owned by the predecessor in interest of the defendant Peter B. Devers. It is undisputed that, at the time of the conveyance, the grantor, Harry J. Bly, did not own the benefitted parcel.
Néw York adheres to the majority rule that a grantor cannot create an easement benefitting land not owned by the grantor (see Matter of Estate of Thomson v Wade, 69 NY2d 570, 573-574 [1987]; Tuscarora Club of Millbrook, N.Y. v Brown, 215 NY 543 [1915]; Winoher v…
2Cases cited12 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Thomson v. WadeNew York Court of Appeals · 1987
- Simone v. HeidelbergNew York Court of Appeals · 2007
- Tuscarora Club of Millbrook v. BrownNew York Court of Appeals · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Young v. CrosbyAppellate Division of the Supreme Court of the State of New York · 2011
- Daniello v. WagnerAppellate Division of the Supreme Court of the State of New York · 2023
- Garson v. TarmyAppellate Division of the Supreme Court of the State of New York · 2020
- Peters v. SmolianAppellate Division of the Supreme Court of the State of New York · 2017
- YOUNG, WILLIAM DAVID v. CROSBY, MICHAEL R.Appellate Division of the Supreme Court of the State of New York · 2011