Summary:
What Are Property Easements and Why Do They Matter in Nassau and Suffolk Counties
An easement is the right to cross or use another person’s property for a limited purpose. Think of it as a legal permission slip that gives someone else specific rights to use part of your land—even though you own it.
Utility providers in Long Island are given easements in gross to run cables and pipes under and across private property. Your neighbor might have an easement to access their backyard through your driveway. Or there could be a conservation easement protecting wetlands on your property.
These easements “run with the land,” meaning when you buy property, the easement stays in place—even if the purchase documents don’t mention it. That’s the first surprise many Long Island homeowners face.
How Easements Restrict Your Property Use and Development Plans
Easements can restrict how you use or develop that portion of your land. For example, if there’s a utility easement, you may not be able to build structures or plant trees over those utility lines.
Let’s say you want to build an addition to your Huntington home. You’ve got the permits, the contractor, and the budget. But if there’s a utility easement running through your planned construction area, you’re looking at major redesigns, delays, and additional costs. Utility easements typically prohibit any building, structure, or physical obstruction including trees and shrubbery.
The restrictions go beyond just utilities. If a property’s access is via another parcel of land, then the property with the driveway becomes the servient property, burdened by the neighbor’s right to use it. This means you can’t block that access, even on your own land.
Easements can affect your property’s market value, as buyers may perceive the restrictions as limiting the property’s potential uses or development options. When you’re ready to sell, these limitations become the next owner’s concern—and potentially a negotiating point that costs you money.
The Hidden Costs of Undiscovered Easements and Restrictions
Easements sometimes lead to disputes between property owners and those benefiting from the easement rights. Issues may arise over maintenance responsibilities, usage rights, or changes to the easement terms. Resolving such disputes can be time-consuming and costly.
Consider a real scenario: You install a fence along what you believe is your property line, only to discover it blocks a neighbor’s easement for driveway access. Now you’re facing legal action, fence removal costs, and potential damages. If a landowner does not notice or take action against unlawful use of property within a reasonable period, they may lose rights to that property.
Depending on the type of easement, you may be responsible for maintaining the area covered by the easement. This could include upkeep of access roads, pathways, or utility infrastructure—ongoing costs and obligations you never budgeted for.
The financial impact extends beyond maintenance. With property taxes averaging $9,333 in Suffolk and $11,232 in Nassau County, you’re paying full taxes on land you can’t fully use. Meanwhile, construction delays from easement discoveries can cost thousands in contractor standby time and project extensions.
Understanding Deed Restrictions and Covenants on Long Island Properties
Many residential deeds in Long Island developments contain covenants, conditions, and restrictions. This reference can seem innocuous but may have the power to derail a property transaction or prevent desired changes.
Deed restrictions, also known as restrictive covenants, limit what can be built on a property or how it can be used. These restrictions run with the land and apply to all future owners. Unlike easements that benefit someone else, deed restrictions are designed to maintain neighborhood standards and property values.
This deed reference to existing covenants incorporates any and all private restrictions into the deed and future ownership. Before any transaction is complete or residential remodel started, it’s pertinent to understand how these affect property ownership and rights.
Common Types of Deed Restrictions Affecting Long Island Homeowners
Many deed restrictions forbid obstructing a neighbor’s view by planting too-tall trees or adding extra stories. They often limit the number of bedrooms and square footage, usually to prevent overwhelming local sewage capacity.
In Nassau and Suffolk Counties, you might encounter restrictions on fence types and heights, exterior paint colors, or even the types of vehicles you can park on your property. You might only be allowed certain numbers or types of vehicles, and deed restrictions often dictate fence types (no chain-link) and maximum heights.
In New York, you may find old deed restrictions imposing minimum lot sizes, square footage requirements, or prohibiting certain businesses like slaughterhouses. Today, municipalities control use and construction through zoning and building codes, but old restrictions remain enforceable if reasonable.
Residential homes in planned communities or neighborhoods run by homeowners associations often have extensive deed restrictions. These can cover everything from architectural styles to landscaping requirements, creating a comprehensive framework that governs your property use.
How Deed Restrictions Impact Property Value and Future Plans
If you violate deed restrictions, you could owe fees, monetary damages, or face court liability. Violations can trigger fines and penalties, and selling becomes more complicated since not all buyers agree with existing restrictive covenants.
The enforcement mechanism varies, but consequences are real. Deed restrictions cannot be enforced if the time period has expired, conditions are no longer applicable, provisions are illegal, or they’re clearly against public policy. However, determining enforceability often requires legal analysis that most property owners can’t handle alone.
In Long Island, discriminatory restrictive covenants remain in some deeds despite being unlawful and unenforceable. These should be rewritten and the repeal recorded before future property transfers, and other parties are prevented from enforcing such discriminatory covenants.
Most restrictions come into play when developers build planned communities, used to preserve appearance and maintain standards hoping to protect property values over time. These restrictions typically remain with the land in perpetuity. Understanding them upfront prevents surprises that could derail your plans or cost you money later.
How We Protect Your Long Island Investment Through Professional Property Surveying
Our boundary surveys establish property lines, confirm accurate property corners as described in deeds, and reveal easements, encroachments, and adherence to state or local regulations. This comprehensive analysis gives you the complete picture before problems arise.
Our professional surveys highlight key features like slopes, easements, setbacks, and underground utilities—essential information for foundations and excavation. By identifying where you can legally and safely build, we help avoid costly corrections or delays mid-project. When you know the constraints upfront, you can plan around them instead of discovering them the expensive way.
Accurate boundary surveys are essential for avoiding disputes with neighbors, following zoning laws, and maintaining legal integrity of your property. We use in-depth knowledge and advanced technologies to deliver precise surveys, giving you confidence about your property. For Long Island property owners facing some of the nation’s highest property taxes and complex local regulations, our professional guidance isn’t just helpful—it’s essential protection for your investment. Contact us at Islandwide Land Surveyors to safeguard your property plans before you break ground.
