This was originally published on the SGR Blog.
Court Asked to Find Easement by Implication/Necessity
Residential Lot A in Woodside, New York, owned by John Bonadio, is situated perpendicular to residential Lot B, owned by Elizabeth Bonadio. The two lots share a border. Lot A has a detached two-car garage, the entrance to which faces a driveway situated on Lot B. John’s father (Richard) acquired title to both lots in 1953, and used the driveway on Lot B to access the garage on Lot A.
In 1962, Richard conveyed title to Lot B to himself and his wife, Jane (Elizabeth’s mother). Also, in 1985, Richard similarly conveyed title to Lot A to himself and Jane. After Richard passed away in 1997, Jane became the sole owner of both lots. In 2007, Jane conveyed Lot B to Elizabeth (John’s sister-in-law). In 2008, Jane conveyed Lot A to John, retaining a life estate for herself. Jane died in 2016.
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