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THE LANGUAGE OF THE EASEMENT CREATED AN AMBIGUITY ABOUT WHETHER THE EASEMENT WAS INTENDED TO BE USED TO ACCESS A PUBLIC ROAD; DEFENDANT’S MOTION TO DISMISS THE COMPLAINT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the language in an easement indicating it is to be used for agricultural activities “and any use incidental thereto” did not support a finding, at the motion-to-dismiss stage, the easement could be used to access a public road:

“Easements by express grant are construed to give effect to the parties’ intent, as manifested by the language of the grant” … . The extent of an easement claimed under a grant is generally limited by the language of the grant, as a grantor may create an extensive or a limited easement” … .

… [T]he plain meaning of the phrase “and any use incidental thereto” contemplates a use incidental to the agricultural activities on easement A, specifically, not agricultural activities outside of easement A. The record contains no evidence demonstrating that the grantor intended to allow the owner of lot 9 to enter easement A for a reason other than to engage in agricultural activities there, and thus, at the very least, there is an ambiguity as to whether [defendant] may use easement A solely as a thoroughfare, warranting denial of its motion to dismiss pursuant to CPLR 3211(a) … . Strong Real Estate, LLC v 55 Town Line, LLC, 2021 NY Slip Op 01280, Second Dept 3-3-21

 

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