An easement allows one person to use another person's property for a specific purpose. In New York, easements are created for many different reasons. The easement deed is the specific instrument that creates this right. An easement can be either appurtenant or in gross. An appurtenant easement benefits the dominant estate and runs with the land, while an easement in gross benefits an individual or a legal entity. An express easement is an interest in real property that is created by deed, contract, or other instrument in writing.
When obtaining an easement for the purpose of exposure of a solar energy device, the instrument should be created in writing and will be subject to the same conveyancing and recording requirements as other easements in this state ( 335-b).
As an interest in real property, an easement deed must be signed and acknowledged by the grantor, and certified according to law. Acknowledgments must be made by the grantor (292). If acknowledged within the state of New York, an easement deed can be acknowledged before a justice of the Supreme Court, an official examiner of title, or a notary public. Acknowledgments can also be made before any of the officers listed in 298, but these officers must be operating within their own jurisdiction. Out-of-state acknowledgments are valid in New York if the easement deed has been acknowledged according to the laws of such place and if it is accompanied by a certificate stating such fact (299-a).
In order to provide constructive notice, an easement deed must be properly recorded in the county where the property subject to the easement is located. If the deed is not duly signed, acknowledged, certified, and recorded, it will be void against a subsequent purchaser or one who acquires by exchange the same real property or any portion of it, in good faith and for a valuable consideration, from the same vendor whose conveyance is first duly recorded ( 291).
Deeds.com New York Easement Deed Forms Have Been Updated as Recently as Friday November 15, 2019
What others like you are saying:
Robert J D. said: I accidentally ordered 2 forms for the affidavit of death. I only need one.
Reply from Staff: Thanks for your feedback. Looking at your account we do not see any duplicate orders. Our system does stop duplicate orders before they are processed in many cases. Have a great day.
willie B. said: I love how you can get information you need online great program ,outstanding just love it....
Reply from Staff: Thank you!
jon m. said: Great last minute forms saved me a critical time when I had no access to my own resources. Five Star Customer service.
Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Joseph L. said: Very easy to fill out and and saved a lot of extra cost by doing it ourselves and getting it notarized.
Reply from Staff: Thank you Joseph, we really appreciate your feedback.
kathy d. said: very easy make sense instructions. Thank you.
Reply from Staff: Thank you for your feedback Kathy. Have an amazing day!
FEDERICO T. said: It was a little confusing to retrieve the documents. I was waiting for an email, but then I went toyour portal and I saw the messages and the document.
Reply from Staff: Thank you for your feedback Frederico.
Select County where the property is located.