N.Y. Real Property Law § 335-a: Easements of necessity

§ 335-a. Easements of necessity. The owner of any lot, plot, block,

site or other parcel of real estate being a subdivision or part of a

subdivision of any larger parcel or parcels of real property shown upon

a map of said parcel or parcels of real property and of its subdivision

or subdivisions, filed in the office of the county clerk or of the

register of deeds of the county where the property is situated, prior to

the sale or conveyance of such lot, plot, block, site or other parcel,

or subdivision thereof by the seller thereof, upon which map any road or

street is indicated or shown as giving access to or egress from any

public road or street to such lot, plot, block, site or other parcel of

real estate thereon indicated or to any part thereof, sold or granted

after such filing, and the owner of any lot, plot, block, site or other

parcel of real estate, the conveyance whereof shall specifically give

the right of access to or egress from the same by any private road or

street over lands belonging to the maker of such conveyance and which

road or street is described in such conveyance, may, when necessary to

the enjoyment of the lot, plot, block or site or other parcel of real

estate so sold or conveyed and when the same is not bounded by a public

road, lay, beneath the roads or streets indicated and shown upon such

map or described in such conveyance as giving access to or egress from

any public road to such property so sold or conveyed as aforesaid,

wires, conduits, and water lines for the purpose of supplying the said

property with electric light, telephone, and water service. Such wires,

conduits, or lines shall be laid only on condition that the private

roads or streets on which the owner has the right of access to or egress

from such property shall be restored as nearly as possible to their

original condition and that the person or persons entitled to the fee of

such private roads or streets or having an easement over the same shall

be compensated for actual damage occasioned by the laying of such wires,

conduits, or lines.

Nothing in this section shall be deemed to affect in any manner lands

acquired by the city of New York for the purpose of construction or

development of its water supply system.