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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Fencing of Neighboring Land Interfering With Access

    My question involves real estate located in the State of: New York. Recently the NY State DOT turned over a piece of state highway to the federal government. Now the federal government wants to erect a fence to surround a new customs port of entry. The fence will be on a right of way that was negotiated with the county highway department many years ago. The fence will deny me access to one of my driveways and also deny access to my residence of larger emergency services vehicles. I was wondering what legal recourse I may have. Does adverse possession come into effect at all? Can they fence me out of my property if it is on a right of way?

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,584

    Default Re: Fencing of Neighboring Land Interfering With Access

    Since we are unable here to review all of the documentation regarding the "turned over" property, and the right of way agreement negotiated with the county long ago, you will need to find someone locally to sort this out for you.

    Generally, adjoiners to public right of way cannot be denied access without it being considered a "taking" which requires compensation. However the access can be regulated under the police power of the government. You can contact your regional NYDOT office and ask to speak to someone in the right of way department. At the least you might get some useful information.

    Adverse possession is unlikely to work against the state, county, or federal governments.

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