[Fredslist] Calling All Lawyers - Ownership of Access Rights

[Caryn Lilling]

An issue has arisen in one my cases and I am in search of an answer.  

 

I represent an insurance carrier that is questioning their
responsibility to pay a third party claim for loss of use of a pond
arising out of the breach of a dam.  The dam essentially was responsible
for forming/containing the pond.

 

Question --

 

The pond is shared by the owners of land adjacent to it.  If a tax or
fee is paid to maintain the common area,  is that tax based upon
ownership of a portion of the common area, or is the common area owned
by the Town and the tax is paid simply for the right to access or use
the common area?

 

I appreciate your input.

 

Thanks.

 

-Caryn

 

Caryn L. Lilling

Mauro Goldberg & Lilling LLP

60 Cutter Mill Road, Suite 200

Great Neck, New York  11021

[T] 516.487.5800

[F] 516.487.5811

www.mglappeals.com <http://www.mglappeals.com> 

 

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________________________________

From: Anthony DeStefano 
Sent: Tuesday, June 01, 2010 11:14 AM
To: Caryn Lilling
Subject: Ownership of Access Rights

 

 

Anthony F. DeStefano

 

Mauro Goldberg & Lilling LLP

60 Cutter Mill Road

Great Neck, New York  11021

Phone:  (516) 487-5800

Fax:      (516) 487-5811

www.mglappeals.com

 

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