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  1. #1
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    Default Establishing a Right to Access Landlocked Parcels

    My question involves an easement in the state of: New York

    A friend of mine and I are looking to buy hunting land in New York, and are willing to buy land locked parcels, but are getting mixed information from realtors on the ability to access the property, which does not have a right of way or easement. What are our rights to safely and legally (with hunting/camping equipment) access the property?

  2. #2
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    Default Re: Easements

    If you knowingly purchase land without access expect that you will not be able to legally access the land without spending considerable sums of money to fight for an easement from some adjacent land owner. You may or may not be successful.

  3. #3
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    Default Re: Easements

    How does the law read about walking across another's property to access your own?

  4. #4
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    Default Re: Easements

    It's called trespassing if you don't have permission from the landowner whose land you are crossing.

  5. #5
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    Default Re: Easements

    Quote Quoting J_moatello
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    My question involves an easement in the state of: New York

    - - - Updated - - -

    A friend of mine and I are looking to buy hunting land in New York, and are willing to buy land locked parcels, but are getting mixed information from realtors on the ability to access the property, which does not have a right of way or easement. What are our rights to safely and legally (with hunting/camping equipment) access the property?
    The big question is who landlocked the property? Was it the original subdivision or was it a subsequent subdivision? It's contrary to the public interest to create landlocked property.

    N.Y. RPP. LAW 335-a : NY Code - Section 335-A: Easements of necessity
    -
    The owner of any lot, plot, block, site or other parcel of real estate being a subdivision or part of a subdivision of any larger parcel or parcels of real property shown upon a map of said parcel or parcels of real property and of its subdivision or subdivisions, filed in the office of the county clerk or of the register of deeds of the county where the property is situated, prior to the sale or conveyance of such lot, plot, block, site or other parcel, or subdivision thereof by the seller thereof, upon which map any road or street is indicated or shown as giving access to or egress from any public road or street to such lot, plot, block, site or other parcel of real estate thereon indicated or to any part thereof, sold or granted after such filing, and the owner of any lot, plot, block, site or other parcel of real estate, the conveyance whereof shall specifically give the right of access to or egress from the same by any private road or street over lands belonging to the maker of such conveyance and which road or street is described in such conveyance, may, when necessary to the enjoyment of the lot, plot, block or site or other parcel of real estate so sold or conveyed and when the same is not bounded by a public road, lay, beneath the roads or streets indicated and shown upon such map or described in such conveyance as giving access to or egress from any public road to such property so sold or conveyed as aforesaid, wires and conduits for the purpose of supplying the said property with electric light and telephone service. Such wires or conduits shall be laid only on condition that the private roads or streets on which the owner has the right of access to or egress from such property shall be restored as nearly as possible to their original condition and that the person or persons entitled to the fee of such private roads or streets or having an easement over the same shall be compensated for actual damage occasioned by the laying of such wires or conduits. Nothing herein contained shall be deemed to affect in any manner lands acquired by the city of New York for the purpose of construction or development of its water supply system. -
    http://codes.lp.findlaw.com/nycode/RPP/9/335-a

    You would be successful establishing an easement of necessity against whoever (or the successors) that created the landlocked property. It's not a hard case to win. Talk to an attorney.

  6. #6
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    Default Re: Easements

    Most people selling properties as landlocked aren't doing so because it's easy to establish a right-of-way and thereby significantly increase the value of the land -- most of the time they're selling the landlocked parcel at a bargain rate because it's not, and when sellers are contending that access can easily be established a sensible buyer will make that a contingency.

    You should never assume that you'll be able to establish an easement by necessity or that it will be easy to establish access. You should not assume that a statute pertaining to subdivisions is going to apply in other contexts. You should research the details of the specific parcel you are hoping to purchase, and determine what rights you can obtain. For example, parcels may become landlocked due to eminent domain (e.g., through the construction of a limited access highway that cuts off the land from public access) with the owner duly compensated for the loss of value at that time.

  7. #7
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    May 2015
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    Default Re: Easements

    Everyone can assume that I am no closer to having an answer to my question. Do I have a right of ingress/egress to the property by foot?

  8. #8
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    Default Re: Easements

    Quote Quoting J_moatello
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    Everyone can assume that I am no closer to having an answer to my question. Do I have a right of ingress/egress to the property by foot?
    NO...not over land owned by someone else, without their express permission.

    Seriously, do not buy the land unless the current owner can provide you with a cast in concrete easement.

  9. #9
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    Default Re: Easements

    Quote Quoting J_moatello
    View Post
    Everyone can assume that I am no closer to having an answer to my question. Do I have a right of ingress/egress to the property by foot?
    that was answered

    It's called trespassing if you don't have permission from the landowner whose land you are crossing.
    If you cannot figure out that it would not be trespassing if you had a right to access the property and inversely, since it would be trespassing you do not have a right to access the property, well, I just don't know what else to tell you.

  10. #10
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    May 2015
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    Default Re: Easements

    Thanks bumbaclot. If you read the thread several different answers were provided, I was just looking for a definitive one.

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