Table of Contents
| Introduction |
| Definition – Resident Non-Member Property Owner (“RNMPO”) |
| Easement Restrictions, Limitations, and Conditions Overview |
| Easement Rules |
| Appendices |
Introduction
One of clauses in an Indenture Agreement transferring ownership of the two Beach Properties (Price’s Bend and Valley Grove) from Eaton’s Neck Sound Corporation (ENSC) to POENB, Inc[1]. signed on October 26, 1955, states that ownership of the beaches could revert to ENSC (or its assignee) if “any lot or landowner in the POENB Area is not allowed to use the beaches for recreation, in common (“shared”) with others in the Area.”
This clause is an easement.
In plain English, this Easement grants the owner of one or more property lots in the POENB Area, and his/her household members living at the same address, access to and use of POENB’s two Beach Properties (Price’s Bend and Valley Grove), subject to restrictions, limitations, and conditions, set by POENB, Inc. without becoming a Member of POENB.
A Resident Non-Member Property Owner (RNMPO) is the name given to a property owner in the POENB Area who is eligible to be a member of POENB, Inc. but chooses not to join.
This document is intended to help members understand:
- Easements, in general
- POENB’s specific easement (“the Easement” or as it is sometimes referred as “the Limited Easement”)
- The legal and financial rational for POENB’s ability to place restrictions, limits and conditions on RNMPOs, and
- The restrictions, limits and conditions (“the Easement Rules”) under which a RNMPO may access and use Price’s Bend and Valley Grove.
The Easement Rules uses defined terms and references other POENB Rule and Policies.
The first letter of a key term is CAPITALIZEDthroughout this document. TheseKey Terms and Definitions are in alphabetical order and are found in a separate document.
The POENB Board strongly encourages POENB Members, RNMPOs, and other interested parties to carefully read the Easement Rules, the Key Terms and Definitions and five related POENB Rules and Policies documentsto have a comprehensive understanding of POENB’s management practices.
All seven documents are posted on the POENB website (www.eatonsneck.org).
The Board may modify, update or rescind POENB’s Rules and Policies to adapt to new legal requirements, strategic goals and/or operational needs. Typically, the Board evaluates the POENB Rules and Policies on an annual basis. However, in selected cases, POENB may need to modify the Rules and Policies during a given year to properly manage the Beach Properties for the benefit and safety of the Members. Changes to these Rules and Policies are permitted based on a simple majority vote by the Board of Directors.
The Board will communicate to Members and RNMPOs material changes to the Rules and Policies during the Member Meetings and/or via emails or announcements on social media.
Finally, the Easement Rules contain six appendices; five provide legal background and context on easements.
Appendix 6 contains a Version Control Table that identifies the name, version, and “as of” date of the Easement Rules as well as the Member who made the changes. It also identifies the Board Member (by Title) who is responsible for ensuring (1) the accuracy, completeness, currency, and reasonableness of the Easement Rules on a go-forward basis, and (2) the intellectual consistency of the Easement Rules with related POENB Rules and Policies.
POENB disclaims all liability for personal injury, property damage, or loss arising from use of Association properties, except those caused by the Association’s gross negligence. All users (Members, Member Household, Member Guests, Beach Party/Event Attendees, Resident Non-Member Property Owners, Authorized Vendors and Party / Event Vendors) assume all risks associated with beach activities and agree to indemnify and hold harmless the Property Owners of Eaton’s Neck Beach Inc. (POENB), its Board, and Members from claims related to their use, guests, or events.
Feedback or questions: Contact info@eatonsneck.org.
Definition – Resident Non-Member Property Owner (“RNMPO”)
All Property Owners in the POENB Area are “Easement Holders.” As an appurtenant easement, the POENB Easement runs with the property. This means that each subsequent owner of the property lot in the POENB Area is granted the same access and usage right to bathe and engage in recreational activities at the POENB Beach Properties as the previous owner.
In other words, the Easement cannot be extinguished.
All Easement Holders are eligible to join POENB. Easement Holders who voluntarily elect to join POENB, Inc are termed “Members” (subject to paying annual dues and other fees).
Resident Non-Member Property Owners (RNMPOs) are property owners in the POENB Area who have been granted an Easement via the 1960 Indenture Agreement between ENSC and POENB but have opted NOT to join POENB.
RNMPOs represent a SUBSET of all Easement Holders. POENB Members are also Easement Holders.
The Easement Clause in the 1960[2] Indenture Agreement between Eaton’s Neck Sound Corporation (ENSC) and POENB, grants all property owners in the POENB Area the right to access and use POENB’s two beach properties, Price’s Bend and Valley Grove, without becoming a member of POENB.
However, the Resident Non-Member Property Owner’s access to and use of the Beach Properties is subject to restrictions, limits and conditions set by POENB, Inc. That’s why the Easement is referred to as a “Limited Easement.”
The access and usage rights granted by the Easement applies only to the RNMPO and his /her Household (individuals living at the property address in the POENB Area). A RNMPO may not invite or bring non-household members to the POENB Beach Properties. If a RNMPO rents his property, the renters do NOT enjoy Easement access and usage rights. Easement access and usage rights exclusively apply to the RNMPO and his/her Household (persons living at the RNMPO’s address).
Renters are welcome and encouraged to join POENB as Limited Members (i.e., cannot vote and cannot serve on the Board).
Easement Restrictions, Limitations, and Conditions Overview
- Why POENB must create and enforce Restrictions, Limitations and Conditions on the access to and use the Beach Properties
As discussed in more detail in Appendix 3 of this document, POENB, as the subservient estate to the Easement, has the legal right to restrict, limit and place conditions on the access and usage rights granted to the dominant estate (RNMPO) to the Easement.
These restrictions, limitations and conditions are legally and financially essential to POENB’s continued viability. Without a thoughtfully crafted set of restrictions, limitations and conditions the two POENB Beach Properties could become a public good and POENB could declare bankruptcy.
- Guiding Principles for Accommodating RNMPOs
As documented in NYS case law, POENB must make reasonable accommodations so that RNMPOs enjoy basic access and usage rights without unduly burdening Members or encroaching on a Member’s rights and privileges.
RNMPOs access and usage restrictions, limitations and conditions are intended to strike a reasonable balance between the landowner’s (POENB, Inc.) dues paying Members ability to use and enjoy the Beach Properties and amenities with a RNMPO’s right to access and use the beaches for bathing, boating and recreational activities (per the Easement Clause).
- Financial Responsibilities
As the subservient estate to the Easement, POENB, Inc. is financially responsible (must bear the total expense) for any changes to the Beach Properties needed to provide and maintain reasonable accommodation for RNMPO access and usage.
- Practical Easement Implementation Considerations – Price’s Bend vs. Valley Grove
Providing clear guidelines for RNMPO’s Easement access and usage is more difficult at Valley Grove than it is at Price’s Bend because Valley Grove is a much smaller property. Valley Grove is approximately 0.6 acres while Price’s Bend is approximately 1.6 acres.
Therefore, as described below, at Valley Grove, there may not be access and usage differences between Members and RNMPO.
Easement Rules
- Applicability
The Easement Rules apply to all RNMPOs and their Household while the RNMPO have entered the POENB Beach Properties under the Easement Clause included in the 1960 Indenture Agreement between ENSC and POENB.
- Access Point (Ingress and Egress) – Pedestrian Path Location, Size, and Material
- Definitions
An Access Point is a designated location, such as a pathway, providing ingress and egress between a private property and a public roadway. Ingress and egress refer to the legal right to enter (ingress) and exit (egress) private property.
- Pedestrian Ingress and Egress Only
RNMPOs must enter and exit (ingress and egress) POENB beaches by walking on and off the Beach Properties. Ingress/egress is permitted only via a pedestrian pathway.
The pedestrian pathway will be created and maintained in a “natural state” (sand and/or dirt only). The path will not contain gravel nor will it be paved. POENB will occasionally trim / remove shrubs, trees or other vegetation so that RNMPOs can reasonably find the Access Point and ingress and egress the property to enjoy the beach and launch their watercraft.
- Valley Grove Access
Given space limitations, at Valley Grove, RNMPOs and Members use the same pedestrian walking path to enter and exit the Beach Property as Members.
Parking (or stopping) vehicles on Westview Road in front of Valley Grove is not permitted by order of the Town of Huntington.
- Price’s Bend Access
At Price’s Bend, the exclusive RNMPO Easement Access Point is an open gap between the two fence posts in the split rail fence. This gap is approximately 9’ wide and is located close to the Hobart side of the POENB Beach Property. It is across the street from a property on Exeter Court with a backyard (on Birmingham) that has large retaining wall.
This pedestrian-only RNMPO Access Point is clearly marked – with visible signs that read “Easement Access for Resident Non-Members Only.” The Access Point is used for both ingress and egress.
POENB believes that 9’ space should be sufficiently sized for one or two persons to pass through the Access Point and hand-carry their watercraft onto the beach property (given the average length and width of small watercraft).
POENB may or may not install a latched, wooden gate across the Price’s Bend Access Point opening. This action depends on the cost of the gate and the gate’s actual and perceived utility.
Parking vehicles (or stopping) is not permitted on Birmingham Drive by order of the Town of Huntington.
Easement case law requires that POENB make a “reasonable accommodation” for RNMPOs; POENB is not under any obligation to provide the same benefits that Members enjoy.
Therefore, RNMPOs are not permitted to:
- Ingress or egress Price’s Bend via the two Member-only pedestrian walkways: (1) the opening near the shed, and (2) the arched lattice gate with a latched gate near the playground at the bottom of Tudor Drive
- Enter and exit Price’s Bend via the parking lot.
- Designated Usage Area
- Valley Grove
Given space limitations, RNMPO will not be limited to a specific grass section of the Valley Grove property, the beach area or the water area.
RNMPOs are “on their honor” NOT to access or use parts of the Valley Grove property (to the extent possible) that house Member amenities (picnic tables and benches, swing set, charcoal grills, water hose, etc.).
- Price’s Bend
RNMPOs must use the beach area, designated with signage, near the pedestrian access point. RNMPO are not permitted to access other parts of Price’s Bend.
Based on observations by POENB Members, this beach space is sufficiently large for RNMPOs and their Household, to enjoy the beach area as well as have access to the water.
RNMPO must also enter the water directly from the designated beach area.
- Transportation of Equipment, Watercraft and Personal Items
At both beaches, RNMPOs must carry/walk on and off all gear and personal items. These items include but are not limited to watercraft – dinghies, paddleboards, kayaks, and canoes – picnic baskets and food, beach toys, towels, etc.
Additionally, RNMPO must remove by hand (carry off) all personal items, including trash from the beach upon departure.
- Enforceability of Beach Rules
Although not Members, RNMPOs must abide by all POENB Beach Rules while on the POENB beaches. See Separate document – Beach Rules on the POENB website.
As outlined in the Beach Rules, fires, fishing or clamming, pets (leashed or unleashed), motorized vehicles on the beach – cars, e-scooters, e-bikes, ATVs, and disturbing wildlife – among other items – are expressly prohibited.
- No Use of Member Amenities
RNMPOs at both Valley Grove and Price’s Bend are not permitted to use any Member Amenities since these improvements were built and paid for with Member dues
See Key Terms and Definitions for a list of Member Amenities.
RNMPOs cannot use the Price’s Bend parking lot, shed, Wi-Fi, watercraft storage racks or spaces, electricity, benches, grills, picnic tables, playground equipment, portable toilet, dumpster, garbage cans, hose/shower/rising facilities, or lounge chairs. Again, these improvements were created, maintained and financed by Member dues.
For the avoidance of all doubt,Members enjoy all amenities and continue to have full access to all parts of the Beach Property – including the designated Price’s Bend RNMPO Area.
- No Right to Storage
RNMPOs must not store any personal items or equipment at the POENB Beach Properties at any time. On a daily basis, RNMPO must hand carry on and off any watercraft, beach toys, towels, chairs, picnic baskets, food, drinks and trash.
Additionally, RNMPO must act in a responsible and environmentally friendly manner by picking up after themselves. RNMPOs should bring a personal litter bag when accessing and using the beaches and, after exiting the property via the pedestrian pathway, place the trash bag it in their own garbage can. The dumpster and garbage cans are for Members Only.
In the Town of Huntington, it is illegal to litter, dump or discard waste – solid or liquid – on public or private property. Violators face fines ranging from $250 to $1000 per offense with more severe penalties for continued violations.
POENB will press charges against individuals who abuse the POENB Beach Properties.
- No Right to Improve the Designated Usage Area
Resident Non-Member Property Owners are not permitted to improve their Access Point, pedestrian path or Designated Beach and Water Use area at any time – now or in the future.
Being granted an Easement does not mean owning the land where the easement is located.
RNMPOs have the right to use the POENB beaches under certain restrictions and limiting conditions but they do not have any ownership rights to the POENB Beaches nor do they have a right of exclusive possession of the land where the easement does exist.
RNMPOs cannot (1) widen the Access Point, (2) pave the pedestrian path, (3) “groom” the beach (with the exception of picking up their trash and other disposable items), (4) build watercraft storage racks, (5) install picnic tables, or (6) make other alterations that would make it faster, easier or more enjoyable for RNMPOs to engage in bathing, boating and recreational activities in accordance with POENB’s Beach Rules.
The subservient party (POENB) has the right to insist that the easement enjoyed by the dominant party (RNMPO) remain substantially as it was at the time the Easement Access Point and Designated Usage Area were legally accrued or physically created, regardless of whether the proposed change provides a benefit or a loss of value.
POENB intends to keep the RNMPO’s Access Point, Pedestrian Path and Designated Usage Area in as a “natural” a state as possible. This means that (1) the dirt pedestrian path shall remain a dirt pedestrian path, the shoreline will continue to be composed of /made of naturally occurring materials like sand and shells and (3) the vegetation will continue to consist of naturally occurring plants.
That said, POENB does have an on-going obligation to ensure the Access Point is well marked and sufficiently wide to accommodate RNMPO walk-ons and that the Pedestrian Pathway is safe to walk on. As a result, POENB may ask its landscapers to trim trees and hedges to maintain the Easement Access Point, Pedestrian Pathway and Designated Usage Area.
This obligation is no different from POENB’s duty to execute the first part of its three-fold mission statement to “protect and preserve the Beach Properties.”
Appendices
POENB’s Governing Documents
On October 26, 1955, Eaton’s Neck Sound Corporation (“ENSC”), signed a legal declaration.
This document is a public record, filed as Liber 4004, page 483, at the Suffolk County Clerk’s Office in Riverhead.
In plain language, this document:
- Transfers ownership of the three lots (two at Valley Grove and one at Price’s Bend) from ENSC to all property owners in the POENB Area for a period of five years – under the assumption that the property owners in the POENB Area would form an Association to take possession of the Beach Properties (Valley Grove and Price’s Bend)
- Includes a promise that the Association (i.e., POENB, Inc (or its successors)) will keep these areas; dedicated as recreational spaces for all current and future owners of lots or land within the POENB Area boundaries; and
- Requires that the Association (i.e., POENB, Inc.) maintain these beaches in good condition for recreational use.
The Indenture also contains a “reversion clause” because it states that ownership of the beaches could revert to ENSC (or its assignee) if:
- The Association (i.e., POENB Inc.) fails to maintain the properties, or
- The properties stop being used for recreation, or
- Any lot or landowner in the POENB Area is not allowed to use the beaches for recreation, in common (“shared”) with others in the area.
When ENSC created this Declaration, an Association had not yet been created.
POENB, Inc. was incorporated in New York State on March 25, 1960 – within the permitted five year period.
Once POENB, Inc. was legally incorporated a new Indenture Agreement was signed between ENSC and POENB, Inc. on August 30, 1960 (Liber 4915 Page 569). This Indenture Agreement conveyed the deed to the two Beach Properties from ENSC to POENB.
Because the Indenture agreement was written in 1960 and proper legal paperwork has not been filed to extend the clause within the required statutory time period, two of the “special limitations (“A” and “B”) NO LONGER APPLIED. They were extinguished.
However, the third clause (“C”) is a limited easement and is still valid. It has NOT been and CANNOT BE extinguished.
Appendix 2
Easements – General Concepts
An easement is a permanent right allowing one landowner (the dominant estate) limited rightsto use a portion of the property of another landowner (the subservient estate).
Interestingly, the dominant landowner (e.g., Easement Holder or the party that does not own or have title to the land but does have limited usage rights to) benefits from the easement.
While the subservient landowner (the party that owns or has the title to the property) is burdened with accommodating the limited rights of the dominant estate.
With respect to the two Beach Properties, the dominant estate is the 403[3] property owners in the POENB Area while the subservient estate is POENB, Inc.
Easements, therefore, can be confusing and counter intuitivebecause the rights and obligations of the dominant and subservient parties to an easement are not logically aligned with the generally understood principles of land ownership.
To put it more plainly, generally understood principles of private land ownership means that the party that owns the land “calls nearly 100% of the shots.”
Easements, however, require the “shot caller” to accommodate the “easement holder” – who does not own the land.
Easements are reasonably common on New York properties and can be categorized as:
- Public vs. Private: For public benefit or between private parties.
- Express vs. Implied: Explicitly written or inferred from context.
- Appurtenant vs. In Gross: Transfers with land ownership or personal/non-transferable.
- Affirmative vs. Negative: Requires action or restricts action.
Appendix 3
POENB’s Easement
- POENB’s Overview
The 1960 indenture agreement between ENSC and POENB, is a Private, Expressed, Appurtenance, Affirmative Easement (“the Easement”).
The Easement grants all 403 property owners in the POENB Area the right to access and use POENB’s two Beach Properties, Price’s Bend and Valley Grove, for “bathing, boating and recreation” for FREE. Access and use of the beach is NOT dependent on joining POENB, Inc.
However, if the Subservient Estate’s (POENB) DID NOT have the legal ability to place restrictions and conditions on the access to and use of the Beach Properties by the Dominant Estate (all property owners in the POENB Area), the POENB beaches would become a “public good” or a failed economic state.
A “public good” exists when “everyone” can access and use the public good in unlimited quantities but only a portion of the population pays for the good’s upkeep. The persons who do not pay for the good’s upkeep are termed “free riders.”
Recall that:
- Membership in POENB is 100% voluntary.
- In any given year, approximately 60% of POENB Area Residents join POENB.
- Dues (from Members only) represent the largest revenue source, and
- The majority of member dues fund beach maintenance and improvements.
Therefore, POENB must place access and usage restrictions on Resident Non-Member Property Owners (RNMPO) to make membership attractive, prevent the beaches from becoming a public good and resulting in POENB declaring bankruptcy.
If Resident Non-Member Property Owners were allowed the same access and usage rights as a member, there is no point in joining POENB.
The potential negative consequences of the Easement is one reason why the “Subservient” Estate to the Easement (POENB, Inc.) is legally allowed to (and MUST) place restrictions and conditions on the “dominant” estate’s (RNMPOs) access to and use of the Beach Properties.
The Easement Rules describe the restrictions, limitations and conditions placed on property owners in the POENB Area who have been granted an easement and are eligible to join POENB but have elected not to become a member (RNMPO).
Appendix 4
Possible Rationale for including the Easement in the August 1960 ENSC and POENB Indenture Agreement
If easements, in general, are counter-intuitive and POENB’s Easement could lead to the beaches becoming a “public good” and POENB declaring bankruptcy, why would ENSC have included an easement for all property owners in the POENB Area?
The answer to this question is not 100% understood. However, three hypotheses have been suggested.
- The developer of the POENB Area, Robert Lennox, who was also the CEO of the ENSC, included the beach access easement as a “pot sweetener” for the land and homes he was developing/selling.
- Robert Lennox received a tax deduction for including the “beach access” easement.
- Mary E. Jones (1854 – 1918) was a very wealthy woman who owned a large portion of land in Nassau and Suffolk County including Eaton’s Neck (and other places across the US). When she died, her six children inherited her land. Rosalie Gardiner Jones (1883-1978), one of Mary’s daughters, inherited land in Eaton’s Neck. When Rosalie sold the POENB Area land to Robert Lennox, she knew Robert was targeting middle class families and she wanted to ensure all residents of the community had the right to access the beaches. Therefore, Rosalie Gardiner Jones, not Robert Lennox, was the one who insisted on the Limited Easement.
Based on historical records, however, the third option is highly unlikely and probably patently untrue. Although famous for her suffragette activities, Rosalie was a strong believer in personal property rights and tried to get NY Governor Alfred E. Smith to remove Robert Moses as the President of the LI Park Commission for “appropriating people’s private property without fair warning.”
Appendix 5
Criteria used to Select the RNMPO Access Point at Price’s Bend
At Price’s Bend, the Easement Access Point will be located close to the Hobart side of the POENB property. Specifically, it may be located across the street from a property on Exeter Court with a backyard (on Birmingham) that has large retaining wall.
Across the street from the property with the large retaining wall, there is an opening (hole) in the split rail fence (a set of rails were removed).
This location was deemed feasible for the Easement Access Point given:
- The need to appropriately balance the financial and operational onus placed on POENB to create and maintain the access point with POENB’s desire to not frustrate a RNMPO’s ability to access and use the beach
- The existent of a sufficiently large space to (1) allow RNMPOs to manually transport their approved watercraft and personal items (as outlined in the Beach Rules) onto the beach and (2) install a large visible sign that clearly identifies the easement access point (e.g., Pedestrian access point for RNMPOs only”) BUT not too large that the access point space and sign serves as an unintended “welcome center” for non-residents.
- The ability of RNMPOs to safely walk into the Access Point from the street
- The ability to allow RNMPOs to carry on their recreational equipment and personal items a reasonable distance to the beach
- The need to minimize the disturbance caused/ burden places (via increased traffic, noise) of the property owners who live near/across from the Price’s Bend Easement Access Point
- The need to physically separate the Member Access Points (located near the POENB amenities) from the Easement Access Point (to avoid any confusion / reinforce the usage rights of RNMPOs and members to use the POENB Member Amenities).
Ironically, the existing “hole” may have expedited POENB’s ability to provide easement access for RNMPOs.
The opening might include a manually latched wood gate – depending on the cost of the gate its actual and perceived utility.
[1] Per the Declaration, ENSC granted and conveyed to all property owners in the POENB Area the two beach properties for a period of five years from the date of the declaration (October 26, 1955). Prior to the expiration of the five-year period, the owners of lots in the POENB Area were expected to form an Association to take over the ownership of the Beach Properties. POENB, Inc. was incorporated in New York State on March 25, 1960.
[2] In this 1960 Indenture, ENSC deeded the two lots at Valley Grove and the one lot at Price’s Bend to POENB, Inc. This 1960 Agreement also conveyed three key conditions included in the 1955 Indenture Agreement (which technically was between ENSC and all property owners of lots in the POENB Area prior to the POENB Area lot owners forming an Association to take possession of the Beach Properties). However, discussed in Appendix 1 of this document, the first two conditions were extinguished but the third condition – the limited easement, can never be extinguished.
[3] The POENB Area consists of 408 separate property lots. 403 lots are zoned for single family residential homes. Three lots are owned by POENB, Inc. (the two beaches), One lot is owned by Suffolk County Water Authority (next to the Fire House), and one is owned by the Eaton’s Neck Volunteer Fire Department
