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  1. #1

    Default Refused Right of Way

    My question involves an easement in the state of:New York I live in a private development on the end of a dead end road. there is a complete map of the roads on file with the county. My problem is my neighbor at the end of our road has purchased the end of the road from the orignal owners and will not allow anyone to use it even though it was part of the orignal roand system and is deeded as a right of way. He used a quick claim deed to buy the property and claims this allows him to keep every one off tyhe road. I need to use the right of way to get my boat out of the water. What can I do.

  2. #2
    Join Date
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    Default Re: Refused Right of Way

    Quote Quoting Greg Breslin
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    My question involves an easement in the state of:New York I live in a private development on the end of a dead end road. there is a complete map of the roads on file with the county. My problem is my neighbor at the end of our road has purchased the end of the road from the orignal owners and will not allow anyone to use it even though it was part of the orignal roand system and is deeded as a right of way. He used a quick claim deed to buy the property and claims this allows him to keep every one off tyhe road. I need to use the right of way to get my boat out of the water. What can I do.
    If there is an easement written into the original deed of the prior owner, then a QC deed would not invalidate it. See the definition of a QC deed:

    http://www.life123.com/career-money/...aim-deed.shtml

    The QC deed merely transfers the name of the owner to that of the new owner, BUT everything else stays in place including mortgage liens if any, easements etc.

    Since he is absolutely wrong about this, get hold of a real estate attorney, or any competent attorney in fact, and have him write a "strong letter" demanding the right of way, or you will take legal action. I had to do this to a neighbor of a rental property of mine, over his overgrown rose bushes that caused injuries to my tenants and their parked cars. He told me to get lost when I approached him, but backed down and trimmed it after receiving a strong demand letter from my attorney.

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