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  1. #11
    Join Date
    Oct 2019
    Location
    146-06 Hillside Avenue, Jamaica, NY 11435
    Posts
    8

    Default Re: New York - Enforceability of Right-Of-Way Restrictions

    I doubt if that clause will restrict what you do with your adjacent properties.

  2. #12
    Join Date
    Nov 2013
    Posts
    6,662

    Default Re: New York - Enforceability of Right-Of-Way Restrictions

    And you say that with what theory of law or case law?

  3. #13
    Join Date
    Oct 2016
    Posts
    3,549

    Default Re: New York - Enforceability of Right-Of-Way Restrictions

    Quote Quoting budwad
    View Post
    And you say that with what theory of law or case law?
    budwad. johnhazelwood is pre-spamming.

  4. #14
    Join Date
    Oct 2006
    Posts
    15,932

    Default Re: New York - Enforceability of Right-Of-Way Restrictions

    Quote Quoting Kmass993
    View Post
    My question involves real estate located in the State of: New York

    I'm thinking of purchasing property in a subdivision with the following clause in the deed:

    A right-of-way is granted and retained to be shared with others, for property owners in Subdivision to mutually use all of the roads, streets and rights of way in both Subdivisions. No right of way granted or implied, or rights of way on roads for ingress or egress, may be further burdened, extended, transferred or granted by any lot or land owner to any other lot or landowner, or to any adjacent properties of their owners without a written purchase agreement. This deed restriction which cannot be modified or changed in anyway, will survive the dedication of roads to a municipality if and when that occurs.

    There is neighboring open land next to the subdivision that I would like to also purchase to expand the property, open up views and provide a buffer from further development outside the subdivision. Can anyone provide commentary on the enforceability/legal standing of this clause and whether the deed can truly restrict my movement between two properties that I would own?

    Thanks in advance

    John
    There are two school of thought that have been argued on these kinds of forums over the years. The first theory is that no, it would not be a problem for you to use the easement to reach your lot, and then walk across your lot to the other piece of land...or expand your backyard, or do anything else to enjoy the bigger overall land.

    The second school of thought is that no, you cannot use the easement, without getting an additional easement for your new piece of property. That no, you cannot enter the new piece of property by walking to it, because your car got as far as it did using the easement.
    The argument in favor of the second school of thought is that you might, someday do something on that land that would burden the existing easement.

    The only way you are going to get a definitive answer on the subject is if you consult a local real estate attorney who can read and give you an opinion based on the local courts, as to which school of thought is correct.

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