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