QUESNEL FAMILY TRUST v. HARSTEDT JR.


285 A.D.2d 704 (2001)

727 N.Y.S.2d 200

ARTHUR J. QUESNEL FAMILY TRUST, Appellant-Respondent, v. STEPHEN W. HARSTEDT, JR., et al., Respondents-Appellants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 5, 2001.


Mercure, J. P.

The parties to this RPAPL article 15 action own adjoining parcels of property, each of which was encumbered by a 6½-foot wide easement that ran east-west along their common boundary line, providing a 13-foot wide common right-of-way. The right-of-way was created in 1905 by a deed which conveyed a parcel that is now included in plaintiff's property. The grantor retained the land to the north and west of the conveyed parcel, and the right-of-way...

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