Right of Way in New York

I purchased my home on 6 acre's of land about 5 years ago. Just before closing, it was disclosed to us that there was a right of way up the driveway to access the land behind us. My question is, how many years before the right of way goes away if it has not been used or maintained? They access the property from another driveway down the road. The previous owners of my home said that they have not used the right of way since the other driveway was put it. I wanted to build a building on that part of my property, but because of the right of way I was denied of course. When I mentioned it to the owners of the land behind me, they said that they wanted it left a right of way.

Any help on this would be great. Thanks in advance.

Mere non-use does not extinguish a deeded right of way.

You can make an offer ($$$) for them to surrender the right of way.

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Quoting LandSurveyor

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Mere non-use does not extinguish a deeded right of way.

You can make an offer ($$$) for them to surrender the right of way.

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Exactly LS!

However the detail about it not being maintained is quite another issue. If the ROW is now impassable or fenced off the owners have demonstrated a clear intent to abandon.

Could go either way.

They have abandoned it. The trees in the right of way are at least 10-15 years old. I just did not know if there was a time period if they have not maintained it for over 10 years. Having said that, I have only owned the property for 5 years.

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They have abandoned it.

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Then ask them to surrender the easement.

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Quoting dhigh

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They have abandoned it. The trees in the right of way are at least 10-15 years old. I just did not know if there was a time period if they have not maintained it for over 10 years. Having said that, I have only owned the property for 5 years.

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and all they have to due is traverse it once or make some motion to use the easement and it is no longer abandoned. Heck, all they would have to do is walk the easement to show no abandonment. If they are not willing to give it up, you are most likely looking at a difficult, expensive, and time consuming effort with no guarantees of winning.