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AN UNRESTRICTED EASEMENT ALLOWING ACCESS TO A LAKE ENCOMPASSES THE RIGHT TO INSTALL, MAINTAIN AND USE A DOCK (FOURTH DEPT). ​

The Fourth Department, reversing Supreme Court, determined that an unrestricted easement which allows access to a lake encompasses the right to installation, maintenance and use of a dock:

… [T]he relevant deeds … established that there were no restrictions on the easement and that the purpose of the right-of-way was to provide ingress to and egress from the lake … .. Given the purpose of the easement and the absence of restrictions, “any reasonable lawful use [by plaintiffs] within the contemplation of the grant is permissible” … , and the installation, maintenance, and use of a dock at the end of a right-of-way providing access to a lake is a “reasonable use incidental to the purpose of the easement” … . Mosley v Parnell, 2022 NY Slip Op 07342, Fourth Dept 12-23-22

Practice Point: An unrestricted easement allowing access to a lake encompasses the right to install, maintain and use a dock.

 

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