Can I place an easement on my property for my neighbor's benefit?

What the Law Says

New York law permits property owners to voluntarily create easements for others’ benefit through written agreements. These easements must be properly executed and recorded to be enforceable against future owners.

An easement is a legal right to use another person’s land for a specific purpose — like accessing a driveway or installing utility lines. In New York, easements benefiting a neighbor (called 'easements appurtenant') attach to the land and run with the property, meaning they stay in place even when ownership changes.

To be valid and enforceable against third parties (including future buyers), the easement must be in writing, signed by the owner granting it (the 'servient estate'), and recorded in the county where the burdened property is located. Oral easements are generally unenforceable under New York’s Statute of Frauds.

The easement does not require payment — it can be granted for free (a 'gratuitous easement') — but it must clearly describe the location, scope, and purpose of the use.

Statutory Text

Every conveyance of real property, or interest therein, hereafter made, shall be by deed in writing, subscribed by the person granting the same, or by his lawful agent...

— NY Real Property Law § 242 — Conveyances of real property; form

Statutory Text

No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by a written instrument...

— NY General Obligations Law § 5-703(1) — Statute of Frauds; real property interests

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