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  1. #1

    Exclamation Taking Back a Right of Way to Property That's No Longer Landlocked

    My question involves real estate located in the State of: New York

    I have a property with a Right of Way across it that has not been used for 30years, the property with the easment was landlocked, it was recently purchased by a bordering neighbor who can now easily access it directly from his own property without crossing mine. Do i have any legal steps that i can take to keep them off my property being that they can now access from there own property, any help would be apreciated.


    Thanks, Joe

  2. #2
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Taking Back a Right of Way to Property That's No Longer Landlocked

    First you can ask the new owner to sign an agreement to abandon the easement. If that doesn't work, you can petition a court to do so.

    Remember just because the neighbor bought parcel B it is still legally separate until it is surveyed and merged into parcel A. So if the neighbor sells parcel A, parcel B is still landlocked and would require the easement.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Taking Back a Right of Way to Property That's No Longer Landlocked

    Is there an express grant of this easement? That is, something in the chain of title granting the easement to the neighboring parcel?

  4. #4

    Default Re: Taking Back a Right of Way to Property That's No Longer Landlocked

    No, there is no express Grant of the easment.

    I understand if parcel B was sold again that it would still be landlocked but, does it become unlandlocked under these circumstances?

    Can i say use your own property to access it? or does he have the legal right to pass and repass regardless.

    Thanks, Joe

  5. #5
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Taking Back a Right of Way to Property That's No Longer Landlocked

    You can ask anything you want, but as long as the easement is recorded, the neighbor can continue to use it. You may want to ask an attorney.

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