In the Matter of the Estate of A. Graham Thomson v. Judith A. Wade

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that no express easement was created because a deed reservation in favor of a third party does not generate a valid easement, and because a right‑of‑way in gross reserved to the grantor could not be transferred by quit‑claim. The court declined to adopt the minority view that such reservations could create easements.