Results 1 to 5 of 5
  1. #1
    Join Date
    Sep 2009
    Posts
    2

    Default Perpetual Right of Way Rights vs Neighbor

    Hello,
    I live in NY state and am wondering what are my rights and my neighbors rights to a right of way. I own land that crosses my neighbors. My deed states
    " a perpetual right of way for the purposes of ingress and egress to the property above described over the old xxxxx-mmmmm Road from the easterly bounds of zzzzz road to the southwest corner of the property above described "
    My neighbor says that I am not to be digging or cutting any trees on the right of way . On the deed map it shows that he only owns to the center point of the rigth of way and that the state of NY owns the other half . I have owned my proerty for 23 years and he has moved in 5 years ago. What can I legaly do on my right of way and is he able to stop me from doing anything to it?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Perpetual Right of Way Rights vs Neighbor

    I own land that crosses my neighbors.
    how can you own land that crosses another's?

    My deed states
    " a perpetual right of way for the purposes of ingress and egress to the property above described over the old xxxxx-mmmmm Road from the easterly bounds of zzzzz road to the southwest corner of the property above described "

    My neighbor says that I am not to be digging or cutting any trees on the right of way
    .he may be able to enforce that, on half the ROW.

    My neighbor says that I am not to be digging or cutting any trees on the right of way .
    unless either of those two actions are required for you to use your ROW, then he is correct. You cannot simply come in and bulldoze the ROW because you want to. You must have a reason to bulldoze.

    On the deed map it shows that he only owns to the center point of the rigth of way and that the state of NY owns the other half .
    that is why he could enforce the above statement on half of your ROW
    I have owned my proerty for 23 years and he has moved in 5 years ago.
    doesn't make any difference.

    What can I legaly do on my right of way
    you can traverse it to enter and exit from your property

    and is he able to stop me from doing anything to it
    absolutely. Unless allowed by the grant, the ONLY thing you can do is traverse the ROW to enter and exit your property. Technically you cannot stop and watch the clouds float overhead but obviously, that is a bit extreme in the reading of the grant but still factual.

  3. #3
    Join Date
    Sep 2009
    Posts
    2

    Default Re: Perpetual Right of Way Rights vs Neighbor

    Ok, sorry I miss wrote that I own the land that crosses over, I own the land that that the right of way leads to. So what am able to do when MY right of way starts to get overgrown. I am not cutting trees on any other part except on the right of way and he is having a fit about it. I only want to clear a 15 foot wide path not a highway.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Perpetual Right of Way Rights vs Neighbor

    If the ROW is able to be traveled, you have very limited rights to alter the ROW. You do not get to go in and clear cut the entire ROW if it is not necessary to be able to use the ROW.

    I would have to check to be certain but I believe, in New York, you actually would have no rights to maintain the ROW yourself. The servient tenant is responsible for the actual work and you are responsible for the costs to maintain it.

    So, if the ROW must have work done to be able to use it without damage to your vehicles, send the servient tenant a demand letter for him to remedy the danger to your vehicles.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Perpetual Right of Way Rights vs Neighbor

    It appears that New York generally makes maintenance the responsibility of the owner of the dominant estate. Although a duty may remain to maintain an easement to avoid injury to third parties,
    Quote Quoting Piluso v. Bell Atl. Corp., 305 A.D.2d 68; 759 N.Y.S.2d 58 (2003)
    ... a servient owner has no duty to maintain an easement and, indeed, has a duty to refrain from interfering with the rights of the dominant owner (Tagle v Jakob, 97 N.Y.2d 165, 168, 763 N.E.2d 107, 737 N.Y.S.2d 331 [2001])...
    The granting language of the easement may be controlling.

    1. Sponsored Links
       

Similar Threads

  1. Non-Exclusive Perpetual Easement
    By jabezpryer in forum Real Estate Ownership and Title
    Replies: 8
    Last Post: 07-15-2010, 03:54 PM
  2. Perpetual Easement in Texas
    By galatron in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 07-05-2010, 07:42 PM
  3. Compensation and Overtime: Hourly, Perpetual On-Call
    By tech_support in forum Employment and Labor
    Replies: 3
    Last Post: 02-15-2010, 06:52 AM
  4. Non-Exclusive Perpetual Easement
    By kp_2005 in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 08-09-2009, 11:35 AM
  5. Rental Agreements: Perpetual Lease
    By universalfool in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-20-2008, 12:49 PM
 
 
Sponsored Links

Legal Help, Information and Resources