City of Yonkers v. Rentways, Inc., 304 N. Y. 499, 109 N. E. 2d 597 (19S2)

Ertell, Dewey, Jr.

English

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Buffalo Law Review Volume 3 Number 1 Article 51 12-1-1953 Municipal Corporations—Community Planning Dewey Ertell Jr. Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview  Part of the State and Local Government Law Commons Recommended Citation Dewey Ertell Jr., Municipal Corporations—Community Planning, 3 Buff. L. Rev. 128 (1953). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol3/iss1/51 This The Court of Appeals Term is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact lawscholar@buffalo.edu. BUFFALO LAW REVIEWCommunity PlanningIn City of Yonkers v. Rentways, IwC. 45 the court merely re-capitulated established law regarding non-conforming uses underzoning ordinances. 46 In the instant case, the defendant Rentwayshad constructed a two story building in a business zoned lot.Access to the second story of the building was gained over anadjoining, higher-level lot which was in a residential district. Thecourt held that such use of the lot in the residential district wasa non-residential use which the City could enjoin.47 The City is notestopped 4s from enforcing the zoning laws either because Rentwayshad been issued a permit,49 or by laches because the City hasneglected to enforce the zoning laws for many years.5 0XI. PROP ERTYA. Real PropertyEasementsAn easement is the limited use or enjoyment of an interestin land possessed 'by another.' To create an easement by pre-scription, there must be adverse use of the privilege or enjoymentwith the knowledge of the person against whom it is claimed, orsuch an open, notorious, and uninterrupted use that knowledgewill be presumed. This use must be exercised under a claim ofright adverse to the owner and acquiesced in by him for a periodequal at least to that prescribed by the statute of limitations foracquiring title to land by adverse possession." While easementsare regulated by the common-law, adverse possession, on the otherhand, is controlled by statute and is defined as the open and hostilepossession of land, under claim of title to the exclusion of the trueowner, which if continued for fifteen years,3 ripens into actualtitle."45. 304 N. Y. 499, 109 N. E. 2d 597 (19S2).46. See 8 McQurLLAN, M uNICIPAL CORPORATIONS §§ 25.180 et seq. (3rd ed. 1949):1 YOKLEY, ZONING LAW AND PRAc-ricE §§ 147 et seq. (2d ed. 1953).47. Village of Great Neck Estates v. Bernak & Lehman, 223 App. Div. 853, 228N. Y. Supp. 917 (2d Dep't), aff'd, 248 N. Y. 651, 162 N. E. 562 (1928).48. See 8 MCQULI.AN, op. cit. supra, note 46 § 25.153; 1 YOKLFY, op. cit. supranote 46 § 109.49. City of Buffalo v. Roadway Transit Co., 303 N. Y. 453, 463 104 N. E. 2d 96,100 (1952).50. Village of North Pelham v. Ohliger, 216 App. Div. 728, 214 N. Y. Supp. 253(2d Dep't 1926), aff'd, 245 N. Y..593, 157 N. E. 871 (1927).1. 3 Pownru, Rx s. PROPERTY § 405 (Cum. Supp. 1952) ; 5 &ESTATEMENT, PROPERTY§ 450 (1944).2. J. C. Vereen & Sons v. Houser, 123 Fla. 641, 167 ,o. 45 (1936).3. C. P. A. § 34. Before 1932, the period required was 20 years.4. Scallon v. Manhattan Ry. Co., 185 N. Y. 359, 363, 78 N. E. 284, 285 (1906).128

Municipal Corporations—Community Planning

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Municipal Corporations—Community Planning

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