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NATURE OF AN INGRESS AND EGRESS EASEMENT EXPLAINED (SECOND DEPT).

The Second Department discussed the elements of an easement for ingress and egress only:

“Express easements are governed by the intent of the parties” … . “As a [result], where the intention in granting an easement is to afford only a right of ingress and egress, it is the right of passage, and not any right in a physical passageway itself, that is granted to the easement holder” … . “Indeed, an owner of land that is burdened by an express easement for ingress and egress ‘may narrow it, cover it over, gate it or fence it off, [as] long as the easement holder’s right of passage is not impaired'” … . Panday v Allen, 2020 NY Slip Op 05519, Second Dept 10-7-20

 

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