Legal Question in Real Estate Law in New York

In 1944 the owner of the property that I now own granted the property owner (at the time) of my westerly border a perpetual right-a-way to and from a double car garage, and the use of the westerly garage bay through the use of a gravel drive on my westerly line that I thought was evenly owned. With two new surveys, It clearly shows that I own all of the gravel driveway and the garage was torn down prior to 1970. I do not get along with the now property owner next door and they will not sign a quick deed to extinguish the right-a-way. What are my options?


Asked on 4/13/14, 8:53 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

A proceeding to cancel the easement under Article 15 of the Real Property Actions & Proceedings Law is the usual remedy. I would haVe to read the deed, but if the easement is tied to the garage and the garage went away > 40 years ago, you have a compelling case. No charge for up to an hour of time in an initial consult. [email protected]

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Answered on 4/13/14, 10:01 am


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