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  1. #1

    Default Right of Way Problems

    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.

    Thanks.

  2. #2
    Join Date
    Oct 2009
    Posts
    158

    Default Re: Right of Way Problems

    . . . it would apply IF we lived on a private road. We do not- it is 100% a right of way.
    Short answer:

    Is the right-of-way not on private property?
    If it is, it is a private road.

    133. Private road. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
    from 2006 NY Code - Private Road as quoted by justia.com

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