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How to Identify, Evaluate, and Address Easement Issues


Learn how to prevent negative impact on property use, development, and financing when you discover an easement.

Easements are sometimes discovered while performing due diligence on a property and can have a significant impact on the use or development of the property. This course will help you identify different types of easements, their potential impact on a project, methods for addressing issues created by the easement, and, if necessary, terminating or modifying easements to enable the use or development of a property. Failing to take easements into account can adversely impact a project and the ability to secure financing.



Inge Hindriks

Inge Hindriks

Kramer Levin

Inge Hindriks, Esq.

  • Special Counsel at Kramer Levin Naftalis & Frankel LLP, which has one of the largest real estate practices in New York City that advises on many of the most significant real estate development and other projects in New York City and through the United States
  • Practice involves advising and representing developers, property owners, lenders, and investors in real estate development and construction
  • Works on transactions and resolves issues at all phases of projects, including office, retail, hotel, community facility, and mixed-use developments
  • Negotiates a broad spectrum of private agreements with property owners, such as the conveyance of cantilever and other rights, and a variety of other easements, instruments, and agreements that enable the construction of a designed project, including restrictive declarations and parking and easement agreements, and private arrangements and agreements with various city and state agencies, including subway improvement and relocation agreements with the Metropolitan Transit Authority (MTA)/New York City Transit Authority, regulatory agreements with the New York City Department of Housing Preservation and Development, and agreements for the purchase of inclusionary certificates
  • A substantial part of her work consists of negotiating complex sitewide easement agreements or shared facilities agreements, including in connection with multiple developments on a zoning lot or a campus consisting of multiple buildings
  • Negotiates construction license agreements — both with adjoining property owners to allow construction activities to take place and with governmental agencies for projects that involve land or water owned by New York State
  • Regularly crafts innovative solutions to complex or unusual title issues and regularly resolves title issues with The City of New York and the MTA in connection with condemnation proceedings, working with the firm’s Condemnation team on related litigation and the payment of condemnation awards
  • Clients and colleagues in the firm’s Litigation department consult with her regarding disputes and potential litigation over matters including construction licenses, party or retaining walls, adverse possession, quiet title, and encroachment issues
  • Associate Member of the Land Use, Planning, and Zoning Committee of the New York City Bar Association
  • J.D. degree, Universiteit Utrecht (Utrecht University); Brooklyn Law School, Foreign-Trained Lawyers Program
  • Can be contacted at [email protected] or 212-715-7791
Sheila Pozon

Sheila Pozon

Kramer Levin Naftalis & Frankel LLP

Sheila M. Pozon, Esq.

  • Special Counsel at Kramer Levin Naftalis & Frankel LLP, which has the most experienced land use practice in NYC
  • Practice involves representing private developers, private property owners, cultural and educational institutions, lenders, and investors with respect to New York City real estate development issues
  • Advises clients on municipal law issues, the development potential of sites, and the land use and environmental review processes and practices before various New York City land use agencies, including the New York City Board of Standards and Appeals, the New York City Department of Buildings, the New York City Department of Finance, the Landmarks Preservation Commission, and the City Planning Commission
  • Has extensive experience representing developers, sellers, investors, and lenders in zoning lot mergers for the purchase and sale of development rights
  • Has lectured on zoning lot mergers and development rights transfers at education programs sponsored by the New York City Bar Association, has appeared on NY1, and quoted in the Commercial Observer, the Wall Street Journal, and the Real Deal on hotel and office conversions and New York State’s housing policies
  • J.D. degree, Boston University; B.A. degree, Columbia College, Columbia University
  • Can be contacted at [email protected] or 212-715-9123

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