Matter of Estate of Thomson v. Wade

In Matter of Estate of Thomson v. Wade (69 NY2d 570 [1987]), a prior owner could not create an easement benefitting land which he did not own. That owner, having already conveyed an adjoining parcel, could not "reserve" in the deed, upon the sale of the remaining parcel, an express easement appurtenant over the previously conveyed adjoining parcel for the benefit of the grantee of the remaining parcel.