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Witter v. Taggart
Citation:
561 N.Y.S.2d 808, 167 A.D.2d 397 (N.Y. App. Div. 1990)Facts
The plaintiff William Witter and defendants Edward and Rosemary Taggart owned neighboring properties located on a creek in East Islip, New York. Both properties were once owned by a common owner who, upon subdividing the land, included a covenant that created a scenic easement benefiting what would become the plaintiff’s property (dominant tenement) over what would become the defendants’ property (servient tenement). However, this covenant was never recorded in the chain of title for the servient tenement. When the defendants purchased their property, they had no actual knowledge of the easement. The defendants subsequently erected a dock on their property, which the plaintiff claimed violated the scenic easement by obstructing his view of the creek.
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