Asked in Contracts, Land Use & Zoning and Real Estate Law for New York

Q: Width of utility easement is unclear

During a title search on a property a permanent Town sewer utility easement was recovered. In the document it says «...grant and release PERMANENT EASEMENT TEN (20) feet in width across the lands..”

Making it confusing what is the width 10 or 20 feet?

Is it necessary to correct the document before closing?

Will it cause issues when selling the property in the future?

1 Lawyer Answer
Mathew Paulose Jr.
Mathew Paulose Jr.
PREMIUM
Answered
  • Bronxville, NY
  • Licensed in New York

A: Greetings. This appears to be a scrivener's error. You will need an attorney to reform the document. The attorney will file an action in court asking the court to determine whether 10 or 20 feet was intended by the parties that created the easement. The Town will be joined as a party to the lawsuit. Your attorney will present proof one way or the other depending on the evidence available in conjunction with your best interests. Your real estate attorney will likely be able to file the action for a reasonable charge. Good luck.

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