For many property owners in coastal New York communities, an easement providing access to the beach isn't a luxury it's the reason the property was purchased in the first place. When a neighboring owner blocks, narrows, or otherwise interferes with a beach access easement, it can trigger a serious and often emotional legal dispute. Understanding the common issues and defenses in these cases is essential for anyone trying to enforce or defend against an egress easement.

Easements providing beach or water access generally arise in one of a few ways: an express easement created by deed or subdivision map, an easement by necessity where a landlocked or access-restricted parcel requires passage over a neighboring lot, or a prescriptive easement established through open, notorious, continuous, and hostile use of a pathway over a statutory period. Each of these has different proof requirements, and the strength of your claim depends heavily on which category applies.

When enforcing an express easement, the first step is always a careful review of the granting language. Courts interpret easements based on the actual language of the deed or grant, and disputes frequently arise over the scope of the easement is it limited to foot traffic, or does it include vehicles? Is it a defined path, or does it float across the servient parcel? Ambiguous or poorly drafted easement language is unfortunately common in older deeds, and it's often the root of the dispute.

On the defense side, property owners resisting an easement claim commonly raise several arguments: abandonment, where the easement holder failed to use the easement for an extended period combined with conduct showing intent to give it up, extinguishment through merger of title, or a claim that the easement was never validly created or properly recorded in the first place. For prescriptive easement claims specifically, defendants often argue the use was permissive rather than hostile, which defeats the claim entirely.

Beach access disputes also frequently intersect with local zoning, environmental regulations, and in some cases, the public trust doctrine governing tidal lands. Depending on the specific location, additional layers of municipal or state regulation may come into play, particularly regarding the natural or altered condition of the shoreline itself.

These cases tend to be fact-intensive and often benefit from historical research into old deeds, surveys, and long-term usage patterns. Whether you're trying to enforce your right of access to the water or defend your property against a disputed easement claim, our firm has experience handling these disputes across Long Island and the greater New York coastal region.

## How Our Firm Can Help

Our attorneys regularly represent both property owners seeking access for construction projects and neighboring owners defending their use and enjoyment of their own property in RPAPL 881 license negotiations and proceedings throughout New York City and Long Island.

If you need access to a neighboring property to complete a construction project, or a neighbor's construction is affecting your property and you have been asked to grant access, contact David A. Gallo & Associates LLP to discuss your options.

**David A. Gallo & Associates LLP**

47 Hillside Avenue, Second Floor, Manhasset, New York 11030

Phone: 718-269-7607