How Can the Servient Estate Use a Right of Way

[MGeorge]

My question involves a right of way in the state of New York. We own 40 acres of land in New York that was once part of a larger parcel. When our current parcel was broken out of the larger parcel, back in the early 1900's, the owner of the remaining parcel reserved a 26 foot wide right of way, approximately 1,000 feet long, across the eastern border of our parcel, in order to have access to his land north of ours. As a result, the right of way lies entirely on land we own in fee. The wording in our deed for the right or way states, "it is understood that the right of way is to remain free and open forever for the benefit of the said parties and the public in general." Clearly the public in general have the right to travel the length of the right of way. Our question is does the adjoining landowner whose land borders our on the east,(on the other side of the 26 foot ROW) have the right to open driveways off of the right of way to access his land? Note, he has deeded access to his land from a public highway, and is not land locked; none of the deeds in his chain of title grants him access to the above mentioned right of way that is located entirely on our land; at no time did the parties to the deed that originally reserved the right of way, own the parcel to the east of ours. Does the landowner to the east have the right to open a driveway off of this right of way due to the wording "and the public in general."

[LandSurveyor]

Generally, express easements serve only the specific parcel or parcels named in the grant. The neighbor, as a member of the general public, would have only the right to use the right of way to access the served parcels.

But you need to determine if the original grant to the public has been seen as a dedication to public use as a highway, and if it was accepted as such by the town or county. That would be potentially a different matter entirely.