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  1. #1
    Join Date
    Oct 2020

    Default New York State Law Right of Way in Reality

    My question involves real estate located in the State of: New York. Broom County.
    Such post is my only way to get understanding about right of way in NY because Bar Association provided with zero search result looking for an attorney to hire for such matter.
    Nothing seemed horrible when I signed the purchase agreement with a 67 acres owner located around Windsor, NY in Broom county on May 18th , 2020. The seller\s attorney verbally promised to me to get to a closing date as soon as he solves a problem with a right of way because the deal was about landlocked property.
    Such "lock" happened somewhere in 1975 when Broom county decided to abandon Vroman Rd that was only access connecting approx. 15 properties to civilization I mean with another public roads. Probably because all such property owners have died in time and the entire massive area became uninhabitable presented by a wild forest Broom county or Windsor township has closed such road. Former road width ( as I have learned later) was divided between all bordering landlords as 50 x 50 nevertheless all available to observe surveys clearly show such Vroman road crossing the wilderness. As well all bordering alive owners attached No Hunting, No fishing, NO trespassing plastic posts on those trees facing the road creating with an illusion you can hunt, fish or trespass on the road itself only. Kidding.
    My point is a former road width seems completely nobody's property while Windsor Township verbally confirmed such road is PRIVATE.
    As I stated from the beginning the seller's attorney has assured me with two possible case scenarios that might happened . They are he said either one of neighbor is going to sell a swath of land of 25' wide to create a path for my future private driveway or in case of a neighbor's stubborn resistance a court order is gonna serve same purpose ( court order procedure, a driveway survey, recording fees, etc. been promised to be covered by the seller). As well he added that court order is gonna be more time and money consumed process but for 6 months no way the land is no gonna be yours he has resumed.
    As of today, the seller attorney stopped responding to my messages and asked the seller to tell me directly that the neighbor does not want to sell the swath of land for a driveway and attorney does not want to pursue such order through court.
    WOW. I thought that land is already mine , even purchased doe permits for such zone (7-0) for coming season. Now I'm merely standing & crying silently without any thought in my stupid head about how nevertheless to buy such property but only with a driveway ( right of way). In general, I'm talking about a distance of 330 ft to touch the public McAllister Rd or 0.9 mile to touch other end of former Vroman Rd entrance.
    I never felt myself like a shit and now I do because I don't know what to do. To proceed on pro bono in such complicated case is risky and probably a fail on my end because I'm not an owner. To buy the land without right of way means to buy a land on a paper without legal way to access it unless to be dropped off from a helicopter.
    Any suggestion, any advice for how to proceed or where to get such law to read and understand about how such law is enforceable in state of New York. Of course , I do prefer to hire an attorney but a real one and not a piece of mucus.

  2. #2
    Join Date
    Mar 2013

    Default Re: New York State Law Right of Way in Reality

    Attorneys don't troll here looking for clients. You are going to have to hire and pay one that is experienced with easement law.

    My advice: If you have an option to cancel the purchase because there is no access to landlocked property, do so. Cut your losses and walk away.

    Lesson from the school of hard knocks: There is no such thing as a verbal promise when it comes to buying real estate. You put your contingencies in the contract and if the contingencies aren't met, you cancel and walk away.

    Whatever money you lose on this deal will be a fraction of the money you spend on an experienced lawyer and litigation.

    If it was me I'd bail.

    Please keep all of your discussion on this topic to this thread and don't open any others. We all read all the forums. Your other posts have been reported for deletion as duplicates.

  3. #3
    Join Date
    Oct 2020

    Default Re: New York State Law Right of Way in Reality

    Thank you. Never happen again, I did it be cause I was not familiar with what exact topic could be mine for such problem.

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