Case Study

Adam Leitman Bailey, P.C. Prevails In Neighbor Easement Dispute And Prevents Costly Litigation.

Adam Leitman Bailey, P.C. recently settled a easement dispute amongst neighboring homeowners in record time and without the need to resort to litigation.  Long-time homeowners in Brooklyn were experiencing problems with their neighbors who recently purchased the adjacent brownstone property and were threatening to commence rear yard work, which entailed extensive demolition, excavation, repurposing that area for non-parking purposes, including the creation of a landscaped garden in one half of the area, and a fenced area along the western boundary line of the property.

Concerned that the rear yard work would materially interfere with their ability to utilize and enjoy the 2-car parking garage behind their property in a manner contrary to the way the rear yards in both properties have been utilized for close to 100 years, the homeowners, having hear about Adam Leitman Bailey, P.C.’s extensive experience litigating easement disputes, turned to Adam Leitman Bailey, P.C. attorneys for assistance.

Given that the threatened work was to commence in only a few days, Adam Leitman Bailey, P.C. attorneys quickly sprang into action.  They reviewed the property history, including surveys, deeds, easement agreements, and prior correspondence between the property owners, and drafted a strong demand letter setting forth the homeowners’ and their predecessors-in-interest long documented history of open and continuous ingress and egress vehicle use over those portions of the rear yard of the neighbor’s property necessary to access and utilize their garage.

Adam Leitman Bailey, P.C.’s letter explained that such use has long-ago ripened into a prescriptive easement over those portions of the rear yard of the neighbors property and interfering with the use would violate the homeowners property rights.   Along with the letter, Adam Leitman Bailey, P.C. prepared and transmitted a proposed easement agreement, along with a license agreement the would govern the rights obligations of the parties during the rear yard work.  Lastly, Adam Leitman Bailey, P.C.’s letter was firm that if the neighbors were to commence their planned rear yard work, the homeowners would not hesitate to commence suit and seek the issuance of a court injunction to halt the work.

In a victory for the homeowners, faced with the strong prospect of being sued and the issuance of Court ordered injunction, the neighbors capitulated and agreed to completely alter their rear yard plans to accommodate the homeowners long-held easement rights.  Adam Leitman Bailey, P.C. also convinced the neighbors to produce their revised plans, a detailed scope of work, which confirmed to the homeowners satisfaction that the work no longer posed a problem, as well as proof of insurance for the project, to ensure that the homeowners were covered, should their property sustain any damage as a result of the work.  To protect against the possibility of the neighbors deviating from the proposed scope of work, Adam Leitman Bailey, P.C. demanded that the parties enter into a reservation of rights agreement, so that the homeowners’ rights were fully protected.

Adam Leitman Bailey, P.C.’s diligent research, strong advocacy, and smart negotiation quickly diffused a tense stand-off between neighbors, which could easily have blown into a protracted litigation.

Adam Leitman Bailey, P.C. attorneys John M. Desiderio and Israel A. Katz represented the homeowner in this matter.

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