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R.O.W to Lake Denied
My New York property was purchased in 2000 and includes an 18' ROW at the back of my property so that waterfront owners can get up to the main road. The ROW toward the lake doesn't go all the way to the lake per the ROW deed drawn up in 1926 and stops at the waterfront owner's backyard. The previous waterfront owners had verbal agreements with everyone bordering the ROW on my street that they could access the lake through their backyard continuation of this gravel/dirt road to the natural boat launch site there. This road through their property is quite a distance from their dwelling and people that have used it to either view the lake or launch a canoe in the past have not disrupted them in anyway. I've never ventured into any other part of the property outside of the dirt road. A new owner moved in 2001 and it was not revealed to me until he booted me from the natural boat launch this past weekend claiming "insurance reasons" and was really really rude to me. It came as a complete shock to me since that last I knew I had an agreement with the previous owner and others on my street have always but intermittently used the 100ft of road leading to the lake on his private property for decades. I'd say it only gets used 4-5 times a year to either launch my canoe or walk down to look at the lake with my kids since I can't see it from my house. He's just never seen me do it for whatever reason, or if he did, he didn't say anything to me until now. I understand it may be implied access to the lake for those that share this road if we have been continually using it all along and it's past the statute of limitations for trespassing in NY which is apparently 3 years. The R.O.W deed states 1st parties (me/heirs/assigns) grant 2nd parties (him/heirs/assigns) certain right of way through my lot and 2nd parties release/quit claim all rights of way granted by the first parties. To be used for a road and R.O.W by 2nd parties and for no other purpose. The right of way conveyed shall be under *joint* control of the 2nd parties. So, do I have leverage to go over his property to access the public lake to put a canoe in without his specific permission based on past history and road scars showing it's been used? Am I able to quietly hang out on his property enjoying the lake right at the edge for no more than 1 hour at a time to fish? If not, can I set up a chair at the last point of the official R.O.W to watch the sunset if I so choose? Do I even have rights to use the R.O.W to the point where it officially ends at his backyard if I want to take a walk, assuming the all neighbors along the R.O.W don't care? Is there an inexpensive way to prove we've always had access (verbal agreement only with previous owners) and want to continue to use it? If I should decide to befriend him which would be a last case scenario with how rude he was to me, what do I need to do to ensure my family will continue to officially be able to use it should he sell the property again? Finally, he drives 60 MPH kicking up dust on the private R.O.W. do I have any recourse? There is a posted 15MPH sign. Can I put in speed bumps? Can I video tape him? I would like to use the speeding as leverage or retaliation should everything else fail maybe prompting him to give rights. Thoughts? :wallbang:
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Re: R.O.W to Lake Denied
please edit this and add some paragraphs....