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This entry was published on 2022-12-30
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SECTION 335-A
Easements of necessity
Real Property (RPP) CHAPTER 50, ARTICLE 9
§ 335-a. Easements of necessity. The owner of any lot, plot, block,
site or other parcel of real estate being a subdivision or part of a
subdivision of any larger parcel or parcels of real property shown upon
a map of said parcel or parcels of real property and of its subdivision
or subdivisions, filed in the office of the county clerk or of the
register of deeds of the county where the property is situated, prior to
the sale or conveyance of such lot, plot, block, site or other parcel,
or subdivision thereof by the seller thereof, upon which map any road or
street is indicated or shown as giving access to or egress from any
public road or street to such lot, plot, block, site or other parcel of
real estate thereon indicated or to any part thereof, sold or granted
after such filing, and the owner of any lot, plot, block, site or other
parcel of real estate, the conveyance whereof shall specifically give
the right of access to or egress from the same by any private road or
street over lands belonging to the maker of such conveyance and which
road or street is described in such conveyance, may, when necessary to
the enjoyment of the lot, plot, block or site or other parcel of real
estate so sold or conveyed and when the same is not bounded by a public
road, lay, beneath the roads or streets indicated and shown upon such
map or described in such conveyance as giving access to or egress from
any public road to such property so sold or conveyed as aforesaid,
wires, conduits, and water lines for the purpose of supplying the said
property with electric light, telephone, and water service. Such wires,
conduits, or lines shall be laid only on condition that the private
roads or streets on which the owner has the right of access to or egress
from such property shall be restored as nearly as possible to their
original condition and that the person or persons entitled to the fee of
such private roads or streets or having an easement over the same shall
be compensated for actual damage occasioned by the laying of such wires,
conduits, or lines.

Nothing in this section shall be deemed to affect in any manner lands
acquired by the city of New York for the purpose of construction or
development of its water supply system.