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  1. #1
    Join Date
    Jan 2008
    Posts
    7

    Default Change in Width of a Right of Way

    My question involves an easement in the state of: New York

    I purchased my property in 2000 & have an easement against my property (benefitting 1 neighbor). The easeement is described different ways, as follows:

    *initially (1960s map filed with county) described as a 2 foot winding path along the length of my property (per map certified by the Title Company).

    * Later documents (1980s map filed w/ county) show that it is a 20' ROW going the length of my property (not discoverd by Title Company).

    *The most recent documents (1990s correction affidavit filed with the county) show that the ROW is only 10' in width and only extends along half of my property (also not discovered by Title Company).

    Does the correction affidavit filed with the county supersede all the other documents filed?

    Note that the deed from the 1st owner of the neighbor's property shows the 20' easement. The deed from the current owner of the neighbor's does not mention the 20' easement but makes it clear that they cannot ever subdivide their plot nor grant anyone access to use the easement. There is no document explicitly extinguishing the easement that we have found. Does the most recent document rule (e.g., it's now only 10' running across half the property)?

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    1,954

    Default Re: Change in Width of a Right of Way

    Very difficult to sort out without being able to see the maps and read the grants.

    A "correction affidavit" is a corrective document on the face of it. But some counties will accept one for recording from just about anyone if the fee is paid.

    That does not mean it is valid.

    Have you sent copies to the title insurance company? I would recommend that and ask them for an opinion.

  3. #3
    Join Date
    Jan 2008
    Posts
    7

    Default Re: Change in Width of a Right of Way

    They have a copy of the correction affidavit.

    They are considering hiring a "title expert" to review it to make a determination but are not giving me much home that a conclusion can be reached without going through the courts.

    Thanks for your response.

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