My question involves an easement in the state of New York. Long story short:
- In 1988 a 30 acre parcel was divided into 4 lots
- The lots are all landlocked
- All of the deeds have a section stating that they are "subject to a 25 foot right of way running along the eastern edge of the property"
- The owner of parcel 2 has stated that they will not allow a school bus to pass by their propert to get to parcel 3
- The school district has complied and will not send the bus
- Owner of lot 3, if you could not guess, it is me, has tried in vain, to have the district and district counsel see that owner of lot 2 is outside their rights in denying access
Are there any definitive places I can look or have the school district or their attorneys look to verify that restricting passage is illegal? I have provided them with copies of the deeds of all involved.
The main confusion is that the owner of parcel 2 had an attorney reference an education law that speaks about "private roads" and it would apply IF we lived on a private road. We do not- it is 100% a right of way.