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  1. #1
    Join Date
    Oct 2020
    Location
    Windsor
    Posts
    6

    Default Right of Way Law in State of New York. How It Works

    My question involves personal property located in the State of: New York, Broom county

    Such post is my only way to get understanding about right of way in NYS because so far NS Bar Association provided with zero search result looking for an attorney to hire for such matter. That was a surprise.

    Nothing seemed spooky when I signed the purchase agreement about 67 acres 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" probably 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 only huntable acreage forest, Broom county or Windsor township has closed such road no dwellings, no people , no need to keep spending money on such road maintenance ; everything seemed logical.

    Former road width ( as I have learned later) was lately divided between all bordering landlords as 50 x 50 nevertheless all available to observe surveys still clearly show such Vroman road is crossing the wilderness going along all adjourned properties.
    As well all bordering still alive alive land owners have attached No Hunting, No fishing, NO trespassing plastic posts on those trees facing the road creating with an illusion you are going inside a tunnel were you can hunt, fish or trespass only. Kidding.

    My point is a former road width seems completely nobody's property in fact while Windsor Township verbally confirmed to me by phone such road is PRIVATE. ( no sign about it is posted though)

    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 not gonna be yours he has resumed.

    As of today, the seller attorney stopped responding to my messages/emails/phone calls asking the seller to tell me directly that the neighbor does not want to sell the swath of land for a driveway and he (attorney} does not want to pursue such deal through court. The seller also stated he is not willing to hire another attorney.

    WOW. I thought that land is already mine , even purchased doe permits for such zone (7-0) for incoming season. Now I'm merely standing & crying down silently without any thought in my stupid head about how nevertheless to buy such property finally but only with a driveway to be able to install in a future ( right of way).

    In general, I'm talking about a distance of 330 ft to touch the public McAllister Rd on East side or 0.9 mile long to touch another end of former Vroman Rd entrance on West.

    I never felt myself like a shit so realistically as of today and now 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 and I'm not a lawyer. To buy the land without right of way means to buy a land on a paper only without legal way to access it unless to be dropped off by 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.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Right of Way Law in State of New York. How It Works

    Duplicate post. Reported for deletion. See:

    https://www.expertlaw.com/forums/sho...d.php?t=246891

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