Legal Question in Real Estate Law in New York
Right of way after 30 years
We own land adjacent to another parcel of land that we have always used as our right of way to get to our hay on our land. This has been a verbal agreement for the last 33 years and has never once been questioned. Recently the gentlemen that owned it passed away and his wife now owns the land. She is telling us that we can no longer use this right of way. I was under the assumption that after so many years of using this right of way; they cant just take it away from us. Is there some kind of ''grandfather clause''? (for lack of a better phrase)
1 Answer from Attorneys
Re: Right of way after 30 years
You may have claim to a prescriptive easement. Perhaps you can pay the current owner a reasonable sum for a voluntary conveyance, rather than going to court. Feel free to call me at 212-367-9167.
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