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  1. #1
    Join Date
    Dec 2008
    Posts
    181

    Default Definition of a Right of Way

    Hello, this is for NY.

    I'm curious to know if a ROW is considered a single entity across all properties or if it's made of individual pieces between the dominant tenant and the Road? More specifically, if a ROW crosses three properties do all parties on the ROW have the right to use the full length of said ROW from end to end or only from their property out to the road?

    The ROW is a gravel drive from the road to the far end.

    I"m house #3 from the road and house #2 likes to drive past their house and through my property to use the far end of the ROW to turn around. I have never seen them personally cause this damage but there are many times when I find ruts in our yard where someone used the far end and did not stay on the gravel so sunk into our yard.

    My Deed states: "TOGETHER with the right to use in common with others the 16 foot wide right of way running along the easterly boundary of the premises above conveyed to _______ Turnpike.

    I get conflicting thoughts when reading the wording from the deed.
    "together with the right to use in common with others", makes it sound like everyone can use all parts of the ROW even if they are going away from the road.
    Yet, "premises above conveyed to _____ turnpike", makes it sound like I can only use the ROW from my property to the road(which does not matter as I am the last house from the road) but could effect house #2's use of the ROW past their property onto mine.

    Thanks in advance for any insight into this issue.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: Definition of a Right of Way

    The latter language seems to define the ending point of the right of way, as opposed to limiting the first portion of the grant.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    1,958

    Default Re: Definition of a Right of Way

    the 16 foot wide right of way running along the easterly boundary of the premises above conveyed to _______ Turnpike.
    This a legal description and it seems to me that it conveys a right to the 16 foot RW anywhere along the eastern boundary of the lot conveyed, to the turnpike, and nothing else.

    If I owned lot #1 I would expect under this wording to have access to the 16 foot RW all along my frontage for the purpose af accessing the Turnpike called out in the description.

    If you want to restrict the owners of lots 1 and 2, get the advice of a local attorney. I think that the legal description might be interpreted to restrict the right of way access to the named turnpike.

    I'm not an attorney or surveyor in your state so YMMV.

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