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Re: Easements

  • Subject: Re: [cg] Easements
  • From: Donald Loggins DLogg60798@aol.com
  • Date: Sat, 15 Apr 2006 12:11:23 -0400

Adam is correct, when the developer who purchased the property next
to the Liz Christy Garden purchased the land from the City of New
York, he asked for and got an easement from the City of New York
[ the garden is on NYC Parks Department property], to allow residents

of their building to enter the garden via a private gate from the
developers property. The easement was included in the sales agreement.
On Apr 15, 2006, at 11:06 AM, Adam36055@aol.com wrote:

> In a message dated 4/15/2006 9:43:09 A.M. Eastern Standard Time,
> k.jones@uwinnipeg.ca writes:
> Hi All,  I've really been enjoying the bee topic. We are going to
> try to
> i.d. our bees this summer. But back to the land... does anyone have an
> easement of any kind on their gardens, and if so, how was that
> accomplished? Thanks... Karen Jones
> Karen,
> I'm not sure, from your question whether you are looking for an
> easement that would permit garden activity, or if the garden would
> be permitting an easement to a neighbor for access or another
> activity. I've copied this request  to Don Loggins of the Liz
> Christy Garden in NYC whose garden, I believe, permitted  access
> for tenants of an adjacent residential development  during
> operating hours. This was a negotiated settlement, and I'm not sure

> if it included an easement, per se.  You can reach Don at
> dlogg60798@aol.com
> 'Defining Easements
> An easement is the right of use over the real property of another.
> Historically it was limited to the right of way and rights over
> flowing waters. Traditionally it was a right that could only attach

> to an adjacent land and was for the benefit of all, not a specific
> person. The right is often described as the right to use the land
> of another for a special purpose. It is distinguished from a
> license that only gives one a personal privilege to do something on

> the land of another usually the permission to pass over the
> property without creating a trespass.
> Typically, an easement is composed of two tenements (types of
> land). There is the dominant tenement which is the plot of land to
> which the benefit an appurtenant easement is attached. Second,
> there is the subservient tenement which is the plot of land which
> bears the burden of the easement.
> Easements may be considered public or private. A private easement
> is limited to a specific individual such as the owner of an
> adjoining land. A public easement is one that grants the right to a

> large group of individuals or to the public in general, such as the

> easement on public streets and highways or of the right to navigate

> a river. An appurtenant easement is one that belongs to the owner
> of the land that benefits from the easement, as compared to other
> easements (easements in gross) that do not require ownership to
> obtain the use.
> An easement may be implied or express. An express easement is
> typically included in a document such as a deed or other officially

> recorded grant, or incorporated by reference to a subdivision plan,

> or resrtictive covenants in an association agreement."
> Karen, navigating through this territory  requires competent
> professional advice. Knowledge of Canadian Provincial Real Property

> Law is essential here.
>  The law is the law.
> I'd reach out to the University of Manitoba, Winnipeg to see if
> they have a legal clinic for cheap or possibly free advice.
>  From their website, I see that they do have a Legal Aid clinic,but

> that may be for folks in need of a public defender. However,  there

> may be a professor dealing with real estate or with an interest in
> publlic land use policy who may help you. The issue of conservation

> easements for the preservation of private land for public use is a
> favorite law school topic.
> University of Manitoba Faculty of Law
> Robson Hall, Winnipeg, Manitoba R3T 2N2
> Phone: 204.474.6130, Fax: 204.474.7580; Admissions Office:
> 204.474.8825, Fax: 204.474.7554,
> Internet: www.umanitoba.ca/faculties/law;
> http://www.canadian-universities.net/Law-Schools/
> University_of_Manitoba.html
> In case it's still too cold to garden in your area, here's some
> reading on Easements. Make a strong pot of tea or coffee....:) Aha
> - my weekend pile of editing has arrived - back to the salt mines!
> Cheers,
> Adam Honigman
> Hell's Kitchen,NYc
> 1) The Wikipedia open text of Canadian Property law; http://
> en.wikibooks.org/wiki/Canadian_Property_Law/Real_Property .
> 2) This is the Wikipedia article on easements, which should NOT be
> considered as being legal advice, but a general survey of the topic

> in language understandable to the intelligent layman:
> http://en.wikipedia.org/wiki/Easement

Donald Loggins  | www.lizchristygarden.org

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