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64-417: It is rarely hiked in its entirety. Portions are used as part of common loop routes in the area, such as Breakneck Ridge near its west end and Fishkill Ridge at its east. Popular destinations served by the trail include Sugarloaf Mountain , a 900-foot (270 m) peak near the western end that offers panoramic views over the river and surrounding peaks, and Scofield Ridge , at 1,540 feet (470 m) not only

128-672: A condemnation proceeding in the courts. Note that in the United States, in accordance with the Fifth Amendment to the U.S. Constitution, property cannot simply be taken by the government unless the property owner is compensated for the fair market value of what is taken. This is true whether the government acquires full ownership of the property ("fee title") or a lesser property interest, such as an easement. For example, utility providers are typically granted jurisdiction-wide easement to access and maintain their existing infrastructure. In

192-407: A deed or other legal instrument. Alternatively, it may be created by reference to a subdivision plan by "dedication" or in a restrictive covenant in the agreement of an owners association. Generally, the doctrines of contract law are central to disputes regarding express easements. Implied easements are more complex and are determined by the courts based on the use of a property and the intention of

256-444: A utility that allows a linesman to enter the premises , "to install and retain their cabling or piping across private land in return for annual payments to the landowner". Like a license or profit-à-prendre , a "wayleave is normally a temporary arrangement and does not automatically transfer to a new owner or occupier". More generally, a wayleave agreement can be used for the infrastructure needs of any service provider, such as

320-412: A boat ramp) or a commercial use (for example, an easement to a railroad company to cross property to build and maintain a rail line). Historically, an easement in gross was neither assignable nor inheritable, but commercial easements are now freely transferable to a third party. They are divisible but must be exclusive (the original owner no longer uses it and exclusive to easement holder) and all holders of

384-492: A case, Zach's "dominant" parcel would contain an access easement to cross James's "servient" parcel. An easement may be implied, express or created in other ways. Easements are most often created by express language in binding documents. Under most circumstances, having a conversation with another party is not sufficient. Parties generally grant an easement to another, or reserve an easement for themselves on disposition of land. An express easement may be "granted" or "reserved" in

448-473: A definite location or description, is called a floating or roving easement". Furthermore, "a floating easement becomes fixed after construction and cannot thereafter be changed". In general, a wayleave is a right to access or cross the land of another for some purpose. Frequently nowadays in British energy law and real property law , a wayleave is a type of easement, appurtenant to land or in gross , used by

512-492: A dismemberment of ownership if animus is to inclined) as long as the nature of possession is peaceful, continuous, public and unequivocal throughout. (According to article 2922 of the Civil Code of Quebec or CCQ) the prescribed period is 10 years (2917–2920 CCQ), except as otherwise provided by law. (2918 sets a different time for unregistered property. Reduced from 30 years.) Exceptions to prescription: Possession cannot establish

576-494: A driveway easement in the deed. A originally had common ownership of both properties. A also used the driveway during this period. A then severed the land. Although A did not reserve an easement, the driveway is obviously on the property and a reasonable buyer would know what it is for. Finally, the driveway is reasonably necessary for a residential plot; here is an implied easement. Easements by prescription , also called prescriptive easements , are implied easements granted after

640-470: A driveway on parcel B to gain access to A's house. Here, parcel A is the dominant estate, receiving the benefit, and parcel B is the servient estate, granting the benefit or suffering the burden. A private easement is held by private individuals or entities. A public easement grants an easement to the public, for example, to allow public access over a parcel owned by an individual. In the US, an easement appurtenant

704-574: A half-mile (800 m) from the trailhead, the red-blazed Breakneck Bypass Trail, a route to that mountain's summit which avoids the steep climb followed by the Breakneck Ridge Trail up the west face, branches off to the northeast. Shortly after the junction an unofficial trail branches off to the northeast, allowing those who wish to follow it the opportunity to skip the impending ascent of Sugarloaf Mountain , sometimes called Sugarloaf North to distinguish it from Sugarloaf Hill , which also overlooks

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768-410: A prescriptive easement can only be determined for an affirmative easement not a negative easement. In all U.S. jurisdictions, an easement for view (which is a negative easement) cannot be created by prescription. Prescription may also be used to end an existing legal easement. For example, if a servient tenement (estate) holder were to erect a fence blocking a legally deeded right-of-way easement,

832-412: A prescriptive easement. Government- or railroad-owned property is generally immune from prescriptive easement in most cases, but some other types of government owned-property may be subject to prescription in certain instances. In New York, such government property is subject to a longer statute of limitations of action, 20 years instead of 10 years for private property . In most U.S. jurisdictions,

896-410: A privately owned pond, or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Historically, common law courts would enforce only four types of easements: Courts now recognize more varieties of easements, but these original four categories still form the foundation of easement law. An affirmative easement is the right to use another property for

960-417: A public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access, and the grant was never completed or recorded but is thought to exist. A court order is necessary to determine the existence of an easement by necessity. To obtain this generally the party which claims

1024-421: A regular or implied easement rather than a prescriptive easement and immediately becomes binding. An example of this is the lengthy Irish Lissadell House rights of way case heard since 2010, that extended long-standing consents given to individuals into a public right of way. In other jurisdictions, such permission immediately converts the easement into a terminable license, or restarts the time for obtaining

1088-463: A road, or to a source of water) such as the right of lot owners in a subdivision to use the roadway on the approved subdivision plan without requiring a specific grant of easement to each new lot when first conveyed. An easement by necessity is distinguished from an easement by implication in that the easement by necessity arises only when "strictly necessary", whereas the easement by implication can arise when "reasonably necessary". Easement by necessity

1152-544: A servitude under 1181 CCQ, but non-use of a servitude will extinguish it. In the state of Louisiana , a mixed legal jurisdiction with strong civil law roots, prescription can be either acquisitive or liberative, both of which involve the creation or extinguishing of rights over time. Acquisitive prescription in Louisiana is analogous to the common law idea of adverse possession. As defined in La. C.C. Art. 3446, "acquisitive prescription

1216-440: A specific purpose while a negative easement is the right to prevent another from performing an otherwise lawful activity on their own property. For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement from B. Conversely, a negative easement might restrict land owner A from putting up a wall of trees that would block the adjacent land owner B's mountain view. A

1280-415: A telecommunications network, electricity grid or gas pipeline. In mining law, a wayleave is a right to cross a neighbour's land e.g. in order to convey a mineral to a seaport, and might include the right to run a private railway, payment depending on the tonnage conveyed. Variants of the concept included waterleaves (the right to drain away water) or airleaves (the right to convey air for ventilation). In

1344-429: Is a stub . You can help Misplaced Pages by expanding it . Easement An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement

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1408-646: Is a 900-foot (270 m) peak located in the town of Fishkill near the Hudson River and Breakneck Ridge . One of several similarly named mountains in the U.S. state of New York , it is part of the Hudson Highlands , located entirely within Hudson Highlands State Park . It can be climbed via the Wilkinson Memorial Trail , which has its western trailhead a mile (1.6 km) from

1472-521: Is a higher standard by which to imply an easement. In India, easement of necessity could be claimed only in such cases where transfer, bequeathment or partition necessitates such claim. As an example, some U.S. state statutes grant a permanent easement of access to any descendant of a person buried in a cemetery on private property. In some states, such as New York, this type of easement is called an easement of necessity. An easement may also be created by prior use. Easements by prior use are based on

1536-464: Is a mode of acquiring ownership or other real rights by possession for a period of time." Unlike the common law adverse position, Louisiana's acquisitive prescription is not a procedural bar to recovering property but the creation of a new ownership right in the property. Time periods for acquisitive prescription depend on whether the property is movable or immovable and whether the property is possessed in good faith (possessor believes they have title to

1600-419: Is built adjacent to the landlocked tenement or another easement is acquired without regard to comparison of ease or practicality between the imposed easement and any valid substitute). There is also an unwritten form of easement referred to as an implied easement or easement by implication, arising from the original subdivision of the land for continuous and obvious use of the adjacent parcel (e.g., for access to

1664-442: Is one that benefits the dominant estate and "runs with the land" and so generally transfers automatically when the dominant estate is transferred. An appurtenant easement allows property owners to access land that is only accessible through a neighbor's land. Conversely, an easement in gross benefits an individual or a legal entity, rather than a dominant estate. The easement can be for a personal use (for example, an easement to use

1728-481: Is similar to real covenants and equitable servitudes . In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing a 'limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor’s land to get to their own.' Another example is someone's right to fish in

1792-472: Is subject to a negative easement from B. As defined by Evershed MR in Re Ellenborough Park [1956] Ch 131, an easement requires the existence of at least two pieces of land. The land with the benefit of the easement is the dominant estate or dominant tenement, while the land burdened by the easement is the servient estate or servient tenement. For example, the owner of parcel A holds an easement to use

1856-466: The United States , an easement in gross is used for such needs, especially for permanent rights. An access easement can provide access from public land, road or path or a public right of way to a parcel of land. For example, if Zach and James own neighboring parcels of land, Zach's parcel may have easement rights to cross James's parcel from public land, road or path or a public right of way. In such

1920-571: The col between Scofield and Lambs Hill just to its north. At Dozer Junction, so named for the old bulldozer a short distance away, a blue-blazed connector trail leads uphill a short distance to the Fishkill Ridge Trail as the Wilkinson follows an old road to the east, which continues as the Fishkill Ridge Trail after a quarter-mile. The Wilkinson turns east-southeast and begins to descend, again entering private property. A long switchback takes

1984-515: The Hudson roughly 10 miles (16 km) to the south near Garrison in Putnam County . After the fork the Wilkinson descends slightly, then begins to climb the steep south face of Sugarloaf. Tight switchbacks take the trail through narrow rock chutes in the nearly vertical slope. After the climb, almost another half-mile, the trail reaches a viewpoint on the south end of Sugarloaf's summit plateau. To

Wilkinson Memorial Trail - Misplaced Pages Continue

2048-461: The brook, crossing it one mile (1.6 km) from the summit of Sugarloaf. It then turns north and steepens into a 400-foot (120 m) ascent of an unnamed summit. After 0.3 mile (400 m), the trail levels out for about the same distance, then makes a 120-foot (37 m) climb to a 1,240-foot (380 m) summit, the highest elevation it reaches in Dutchess County . There is another viewpoint to

2112-546: The city of Beacon and the Newburgh-Beacon Bridge that carries Interstate 84 over Newburgh Bay to Newburgh , also visible. Afterwards the trail turns sharply. In contrast to the south face of Sugarloaf, the descent from the north side is gentler, following a long traverse southeast, east and then northeast down to roughly 620 feet (190 m) in the Wades Brook valley. It then begins to ascend gently alongside

2176-440: The crossing, the Wilkinson veers off to the northeast. It remains generally level, curving away from the brook over its next 0.3 mile then southeast back toward it. At the brook, it intersects another trail—the white-blazed Breakneck Ridge Trail. The two briefly merge, following a northeast heading. Just before re-entering the state park, they diverge again. The Wilkinson Trail stays close to the brook, gently ascending as it follows

2240-403: The debtor and starts the tolling of another prescriptive period. This differs from peremption , which is a fixed time for the existence of a legal right and which cannot be renewed like liberative prescription. When a property owner misrepresents the existence of an easement while selling a property and does not include in the deed to the buyer an express easement over an adjoining property that

2304-411: The dominant estate has used the property in a hostile, continuous and open manner for a statutorily prescribed number of years. Prescriptive easements differ from adverse possession by not requiring exclusivity. Once they become legally binding, easements by prescription hold the same legal weight as written or implied easements. But, before they become binding, they hold no legal weight and are broken if

2368-425: The dominant tenement holder would have to act to defend their easement rights during the statutory period or the easement might cease to have legal force, even though it would remain a deeded document. Failure to use an easement leading to loss of the easement is sometimes referred to as "non-user". Under the civil law of Quebec possessors with the animus (will) to be owners can acquire a right of ownership (or to

2432-401: The easement files a lawsuit, and the judge weighs the relative damage caused by enforcing an easement against the servient estate against the damage to the dominant estate if the easement is found not to exist and is thus landlocked. Because this method of creating an easement requires imposing a burden (the easement) upon another party for the benefit of the landlocked owner, the court looks to

2496-490: The easement must agree to divide. If subdivided, each subdivided parcel enjoys the easement. A floating easement exists when there is no fixed location, route, method, or limit to the right of way . For example, a right of way may cross a field, without any visible path, or allow egress through another building for fire safety purposes. A floating easement may be public or private, appurtenant or in gross. One case defined it as "(an) easement defined in general terms, without

2560-453: The easement will not usually be described precisely, but its general position will be defined by the service route (i.e., the sewer pipes in this example). Power and water lines may also have implied easements linked to them, but drainage and stormwater systems are commonly precisely defined in location and recorded in the title documents for private land. Necessity alone is an insufficient claim to create any easement. Parcels without access to

2624-412: The exclusivity requirement has been interpreted to mean that the prescriptive user must use the easement in a different way from the general public, i.e., a use that is "exclusive" to that user. The period of continuous use for a prescriptive easement to become binding is generally between 5 and 30 years depending upon local laws (sometimes based on the statute of limitations on trespass). Generally, if

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2688-423: The first knob, allowing views over Lake Valhalla itself to the southeast and Fahnestock State Park beyond to the southeast; Beacon Mountain's two summits, including the 1,610-foot (490 m) South Beacon, highest peak in the Hudson Highlands , dominate the view from the other end. Similar views are available from the other knobs. It takes approximately a mile for the trail to go over Scofield Ridge. Midway along

2752-532: The gated end of Reservoir Road, a short distance from U.S. Route 9 . The trail is named for Samuel Wilkinson, a dedicated trail builder and maintainer who later became president of the New York–New Jersey Trail Conference , whose volunteers maintain the trail. 41°26′52″N 73°58′49″W  /  41.4478°N 73.9802°W  / 41.4478; -73.9802 Sugarloaf Mountain (Dutchess County, New York) Sugarloaf Mountain

2816-497: The highest point along the trail but also in all of Putnam County, near the east end. The western trailhead is located along New York State Route 9D in the town of Fishkill , just north of the county line. It is across from the parking lot for the nearby Breakneck Ridge trailhead and the short path to the Breakneck Ridge station, where trains on Metro-North Railroad 's Hudson Line stop on weekends, bringing many hikers to

2880-434: The idea that land owners can intend to create an easement, but forget to include it in the deed . There are five elements to establish an easement by prior use: A owns two lots. One lot has access to a public street and the second is tucked behind it and fully landlocked. A's driveway leads from the public street, across the first lot and onto the second lot to A's house. A then sells off the first lot but forgets to reserve

2944-404: The land believing that there would be access to the bridge and the driveway and Joe then paid for a house and a connection, Joe can be said to rely on Ray's promise of an easement. Ray materially misrepresented the facts to Joe. In order to preserve equity, the court will likely find an easement by estoppel. On the other hand, if Ray had offered access to the bridge and driveway after selling Joe

3008-416: The land, there may not be an easement by estoppel. In this instance, it is merely inconvenient if Ray revokes access to the driveway. Joe did not purchase the land and build the house in reliance on access to the driveway and bridge. Joe will need to find a separate theory to justify an easement. In the United States , easements may be acquired (bought) by the government using its power of eminent domain in

3072-577: The law of England and Wales following the incorporation of the European Convention on Human Rights into English law, any deprivation of the rights of the owner of property must be "in accordance with law" as well as " necessary in a democratic society " and "proportionate". In certain jurisdictions in the United States, especially California , the court has the power to grant an equitable easement based on principles of equity (fairness). Equitable easements can be created for physical encroachments where

3136-485: The north and west similar to that from the north end of Sugarloaf. A steep descent takes the trail off the summit and out of the state park. For the next mile it follows an easement over private land. Shortly after crossing the land boundary, the blue-blazed Notch Trail joins the Wilkinson at a three-way junction. The two trails run concurrently as they descend steadily over the next half-mile to Squirrel Hollow Brook , where they turn west abruptly, then cross. Just after

3200-518: The northernmost summit, it crosses back into Dutchess County. This tract of land is the Fishkill Ridge Conservation Area, owned and managed by the nonprofit Scenic Hudson . It takes a long switchback down the steep slope to the northeast, then back southwest, where a view opens up to the northwest. At the end of the next traverse, a short path leads to another overlook. From there the trail continues its steep, switchbacked descent to

3264-403: The original circumstances in weighing the relative apportionment of benefit and burden to both lots in making its equitable determination whether such easement shall be created by the court. This method of creating an easement, being an active creation by a court of an otherwise non-existent right, may be automatically extinguished upon termination of the necessity (for example, if a new public road

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3328-546: The original parties, who can be private or public/government entities. Implied easements are not recorded or explicitly stated until a court decides a dispute, but reflect the practices and customs of use for a property. Courts typically refer to the intent of the parties, as well as prior use, to determine the existence of an implied easement. Disputes regarding implied easements usually apply the principles of property law. A government authority or private service provider may acquire an implied easement over private land by virtue of

3392-461: The promise that Joe can use Ray's driveway and bridge to the main road at any time, but Ray does not include the easement in the deed to the land. Joe, deciding that the land is now worth the price, builds a house and connects a garage to Ray's driveway. If Ray (or his successor) later decides to gate off the driveway and prevent Joe (or Joe's successor) from accessing the driveway, a court would likely find an easement by estoppel. Because Joe purchased

3456-583: The property of the Lake Valhalla homeowners' association in the valley to the southeast, also listed on the National Register as a historic district . The trail veers to the southeast, then sharply back to the northwest as it climbs the first of Scofield Ridge 's three summits. All reach 1,540 feet (470 m) in elevation, making the mountain Putnam County's highest. There are viewpoints at both ends of

3520-410: The property) or in bad faith. Liberative prescription is analogous to the common law statute of limitations. As defined in La. C.C. Art. 3447, "liberative prescription is a mode of barring of actions as a result of inaction for a period of time." It can be renewed by the party who has gained its protection. For example, a debtor's admission that a debt is still owed renews the creditor's claim against

3584-413: The public service it performs. For example, a local authority may have the responsibility of installing and maintaining the sewage system in an urban area. Merely by the fact that it has that responsibility, usually enshrined in some statute or local laws, may give the authority the right, by virtue of an implied easement, to enter private property to carry out installation and maintenance. The location of

3648-445: The seller owns, a court may step in and create an easement. Easements by estoppel generally look to any promises not made in writing, any money spent by the benefiting party in reliance on the representations of the burdened party, and other factors. If the court finds that the buyer acted reasonably and in good faith and relied on the seller's promises, the court may create an easement by estoppel. For example: Ray sells land to Joe on

3712-484: The south is a panoramic vista over the river, with Breakneck Ridge and Storm King Mountain on the other side predominating. Just below is Bannerman's Island , site of a former arsenal and listed on the National Register of Historic Places . The trail passes over Sugarloaf's 900-foot (270 m) summit in the middle of a wooded area before reaching another viewpoint on the north end, looking toward Beacon Mountain ,

3776-409: The stream's headwaters northeast to the county line. A moderate ascent along the boundary continues in a northeast direction for 0.1 miles (160 m) until it turns more easterly and crosses into Putnam County for the first time. Shortly afterward, the red-blazed Casino Trail terminates at a junction on the northwest side. The county line also brings the trail once again into private land, this time

3840-418: The summit on New York State Route 9D along the Hudson River , opposite the Breakneck Ridge station on Metro-North Railroad 's Hudson Line . The trail climbs gently at first but then steeply as it approaches the summit plateau. At either end there are panoramic views over the river's Newburgh Bay , surrounding mountains and nearby communities. This article about a location in Dutchess County, New York

3904-414: The trail back into Putnam County. It takes another long switchback as it follows the valley of an unnamed stream. At the bottom of this slope, it veers northeast again, alongside the conservation-area boundary as it briefly returns to Dutchess County, following the north side of a small pond on the county line. It then returns to Putnam County for its remaining quarter-mile descent to its eastern trailhead, at

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3968-403: The trails in the vicinity. The trail uses yellow as its blaze color, either in the form of rectangular daubs of paint or circular plastic markers. From Route 9D, just above sea level at the nearby Hudson River , the trail begins a gentle climb in a generally north-northeast direction along an old woods road, making a long switchback and then following a wide streambed more directly uphill. At

4032-403: The true property owner acts appropriately to defend their property rights at any time during the required time period the hostile use will end, claims on adverse possession rights are voided, and the continuous use time period will be reset to zero. In some jurisdictions, if the use is not hostile but given actual or implied consent by the legal property owner, the prescriptive easement may become

4096-495: The true property owner takes appropriate acts to defend their ownership rights. Easement by prescription is typically found in legal systems based on common law , although other legal systems may also allow easement by prescription. Laws and regulations vary among local and national governments, but some traits are common to most prescription laws: Unlike fee simple adverse possession, prescriptive easements typically do not require exclusivity . In states that do, such as Virginia,

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