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  1. #1
    Join Date
    May 2007
    Posts
    3

    Default Right of Way Usage in New York State

    I have a question as a land owner. If a person has a if the deed states that another party has a right of way on your property what rights does that other party have. I realize it depends on what the exact phrasing but what if it states, something like the "second party is granted a 30 foot right of way running across the northerly across the property"? Lets also say this is the only wording in the deed and it refers to an old logging road on the property.

    In this instance I am not trying to dispute a right of way only find out what rights exist in this situation. For example does the second party have the right to put up utility poles even though they are not mentioned in the right of way agreement? May he pave the old road? My understanding of a right of way would be that it would be just for egress since is does not have and easement for utilities and that the road could be maintained but not improved. So what rights do exist in this situation where the only wording is that a right of way exists? Please exuse any typo's

  2. #2

    Default Re: Right of Way Question in New York State.

    He has whatever rights the courts of your state give him. Easements are very fact specific. Generally you are correct, he cannot install utilities or pave the road. However, if you go to court, you may lose. If there is other access, you might want to purchase the easement. Then there is no problem.

  3. #3
    Join Date
    May 2007
    Posts
    3

    Default Re: Right of Way Usage in New York State

    Thanks for the input. Unfortunately this is the only visible right of way to the land locked parcel. I also realize that the courts can sometimes rule in strange ways, but generally the since Liber pages have this documented as only a right of way with no mention of any other easements I should be ok. There is also another point of contention in that the right of way is listed in Township 3 range 7 while my land is in Township 3 Range 8.

    Now the owner of the land lock parcel wants to put up a for sale sign on my property for his parcel. He says he can put it up off to the side but still in the right of way, is that correct? I would think he shouldn't be able to put it there at all without my permission.

  4. #4

    Default Re: Right of Way Usage in New York State

    If it is in the right of way of the highway I would say he could put up the sign. Sounds like you are trying to make trouble. That usually comes back to bite you.

  5. #5
    Join Date
    May 2007
    Posts
    3

    Default Re: Right of Way Usage in New York State

    No I am not trying to cause him problems. The right of way in question also happens to be my driveway up to my cabin. So I don't want him posting a sign in the middle of my driveway. First a little background. The land is owner in question is a lumber company and they destroyed my driveway with their lumber trucks when they harvested last summer. They said they would properly repair my driveway when they were done. They also spray painted my gates post with orange spray paint with out my permission so there lumber trucks would not hit them. They came in and widen the right of way beyond the 30 foot distance in some spots when they but in drainage swales that carried over beyond the right of way. The weight of there trucks partially collapse my culvert pipe at the road. I then had to had to practically harrass them to come back to repair my driveway. They finally came back 3 months after they finished logging. Then when they decided to regrade my drive way they did a very poor drive job. My previous hard packed stone drive way which I had just put in 2 years ago became a mud pit when they were done. They wouldn't return my calls when I complained and then a month went buy and they decided they wanted to sell their property. They hired one of there own employees who sells real estate and he comes and asks me if he could put a sign on my property advertising the lot. I told him no, your company hasn't even had the courtsey to return my calls or properly fix my driveway, all of which was promised me before they started logging. So then the real estate agent says let me see what I can get my company to due and If I get the driveway fixed and they other issues resolved can I put up the sign. I told him I would think about it. So then in the middle of last winter (I normally don't go there in the winter) they partially repaired my driveway and replaced the culvert pipe at the road. Mind you they went in without telling when they were going to be there, which is ok but when they were done the agent posted the sign with out my permission. He never bothered to see if the job was done to my satisfaction or even if it was done right. So one day I show up and there is there sign sitting on my property well off their right of way. I pull in my driveway and I get stuck in about a 8 inches of loose stone at the bottom of the hill heading up toward my cabin. This was 3 months ago. I've complained and guess what I got stuck there today still. Yet I have left there sign up on my property hoping to get this resolved, my wooden gate posts are still orange, the old 18" metal culvert pipe still sits on my property off to the side and now that the weather is getting nicer I am getting prospective buyer trying to access the right of way. Now I have no problem with that as long as they don't park on the driveway or but all this is getting annoying. And to top that when I tell the real estate agent I'd like him to pull the sign off my property h he says he doesn't want to but he'll just have to put it in the middle of the right of way. So if you think I am trying to cause trouble your wrong I just want my driveway and property returned to the state it was before they logged.

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