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Property Law Keyed to Kurtz
Castle Associates v. Schwartz
Citation:
63 A.D.2d 481 (1978)Facts
In 1903, William Simpson sold the southwest section of his property to Gilbert Crossman, granting a 12-foot wide right of way from the eastern boundary of Crossman’s parcel to Bay Avenue. The deed also contained a covenant that when Simpson sold any lots fronting on Bay Avenue, he would open a 25-foot wide road for public use. The easement was never specifically located or opened. Over the years, ownership of the various parcels changed hands. In 1908, Juliana Ferguson owned three of the four parcels formerly owned by Simpson, including the Crossman parcel (dominant estate). In 1946, John Knutson purchased the southeast parcel and later erected a chain-link fence around the property, unaware of the easement. Eventually, Castle Associates acquired Ferguson’s land for development and discovered the forgotten easement. When Castle Associates demanded that Schwartz (who now owned the Knutson parcel) locate and open the right of way, Schwartz refused.
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