Legal Question in Real Estate Law in New York
Right of way
I have 30 acres on a deadend road. The town has legally abandoned part of the road that continues past my property. Because of this the property next to mine has no road frontage and is considered ''land locked''. There is an old dirt road (the abandoned road) that runs alone my northern part of my property. I am being asked to give them a legal ''right of way'' not from where the road ends to her property, but from the survey stake on the Southern part of my property giving them access across my whole eastern or road side. The lawyer representing us thinks we should sign. I don't think we should. They have a legal access to their property, they just can't build on it because they have no road frontage, town requires 250'. Senator Somebody made a law that restricts land from be landlocked, so they have a legal right to go up the road, why would I sign my roadfrontage over to them? What laws protect the landowner from people taking their property? I talked to the town superintendent, town lawyer, and highway department. They all say the same thing, not to sign. My lawyer says sign. Help!
1 Answer from Attorneys
Re: Right of way
You need not sign over the land..you can give them a right of way or an easement and charge them for it ( a one time price).
The town road, although abandoned, is not useful unless the town seels it to them.
Maybe they can buy the road from the town (but the entire road willmost likely need to be sold) or you can give them an easement or right of way for a price.
Good Luck.
RRG
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