Taking Back a Right of Way to Property That's No Longer Landlocked

[Joseph Miles]

My question involves real estate located in the State of: New York

I have a property with a Right of Way across it that has not been used for 30years, the property with the easment was landlocked, it was recently purchased by a bordering neighbor who can now easily access it directly from his own property without crossing mine. Do i have any legal steps that i can take to keep them off my property being that they can now access from there own property, any help would be apreciated.


Thanks, Joe

[mudpie]

First you can ask the new owner to sign an agreement to abandon the easement. If that doesn't work, you can petition a court to do so.

Remember just because the neighbor bought parcel B it is still legally separate until it is surveyed and merged into parcel A. So if the neighbor sells parcel A, parcel B is still landlocked and would require the easement.

[aaron]

Is there an express grant of this easement? That is, something in the chain of title granting the easement to the neighboring parcel?

[Joseph Miles]

No, there is no express Grant of the easment.

I understand if parcel B was sold again that it would still be landlocked but, does it become unlandlocked under these circumstances?

Can i say use your own property to access it? or does he have the legal right to pass and repass regardless.

Thanks, Joe

[mudpie]

You can ask anything you want, but as long as the easement is recorded, the neighbor can continue to use it. You may want to ask an attorney.