Section 335-A. Easements of necessity  


Latest version.
  • 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
      and  conduits  for  the  purpose  of  supplying  the  said property with
      electric light and telephone service. Such wires or  conduits  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 or conduits.
        Nothing herein contained 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.