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  1. #1
    Join Date
    Jun 2008
    Posts
    2

    Default Establishing An Implied Easement For Landlocked Property In New York State

    I am in New York State

    I am a week away from closing on this property and starting to run into problems with a driveway.

    Here is an arial photo so you can get a better idea of what I am working with.

    http://usera.imagecave.com/beaverzzz...rtydetails.jpg

    History
    This property was originaly built in 1996, it was a bed and breakfast with a cafe and another building that was like a conference center. The previous owner needed some money so you subdivided his property so he could get more money from each side. The town should have never aproved the subdivision but they never thought that the property would eventually be owned by two seperate people. The person was forclosed on and now one person owns the entrance side with the two buildings and I am in the middle of closing on the landlocked side, the house.

    I originally talked with the owner of the other side about using his driveway to get to my house and he was good about it and said alright, this was a verbal okay though. As I was getting closing to closing on the property I went back to him and was going to get a contract with him, he changed his tune and now will not allow me to use that for a driveway.

    The property is on a state road and the state DOT will not allow access. They say that there is not enough frontage and there is a blindspot. DOT said I would have to take the matter up with the town but that I would not ever be able to put a driveway in on the front of the house.

    My question is if there is any type of implied easement over the existing driveway? I am getting very close to closing and I dont think I can backout unless I am willing to lose my deposite, I am really hopeing for an implied easement on this.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,242

    Default Re: Establishing An Implied Easement For Landlocked Property In New York State

    The responsibility for sorting this out should be with the seller.

    You need to get the advice of an attorney ASAP.

  3. #3
    Join Date
    Jun 2008
    Posts
    2

    Default Re: Establishing An Implied Easement For Landlocked Property In New York State

    Because I am purchasing this from the bank it is my responsibility to take care of this. I am now regretting this a little, but I signed off on the contract saying that I was aware of the easement issue. I am working with an attorney but so far I am beginning to question him a little. He basically says that there might be an implied easement but that could require a lot of money to make it happen.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,242

    Default Re: Establishing An Implied Easement For Landlocked Property In New York State

    You may have better luck with an easement by necessity.

    Google:

    Schaack v. Torsoe, 555 N.Y.S.2d 836 (2d Dept. 1990)

    for a discussion of this concept in New York State.

    You will need a written refusal of your driveway permit request from NYDOT, among other things. A real estate attorney should be able to take care of all of the details for you.

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