De Ruscio v. Jackson
New York Supreme Court, Appellate Division
565 N.Y.S.2d 593 (1991)
Relevant factsFree
De Ruscio's (plaintiff) deed described his subdivision lots by reference to a recorded map showing an abutting paper road (an unbuilt roadway) crossing Jackson's (defendant) property to the north; when Jackson refused to let De Ruscio use the paper road for access, De Ruscio sued for a declaratory judgment establishing an easement, and the county court denied his motion for summary judgment.
IssueFree
Whether, if property is described in a conveyance by reference to a subdivision map showing streets abutting on the lot conveyed, easements in the streets appurtenant to the lot generally pass with the grant.