Legal Question in Real Estate Law in New York

Boundary dispute

We claimed an abandoned town road along our property 38yrs ago at closing. Land along abandoned road recently sold and purchaser is claiming 1/2 the approx. 30'x400'parcel and is now building his driveway along the disputed property. What is my option. Did my title protect against future claims to this road? The township has no interest in building a road here and say they will never build one. Also since I have been paying taxes on this parcel that we claimed am I due a rebate if it is ceded to new purchaser? He bought the land from a previous owner that sold to him claiming it had access to main road along that abandoned road and sold with an included an easement along another homeowner's 200 or so feet between main road and parcel in question. Are my only options cede or fight? All individuals involved in the original sale are not longer in practice so will a new Title company or surveyer or attorney be able to work with the terms of agreement of the original closing?


Asked on 9/22/05, 11:28 am

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Boundary dispute

I am first of all not certain how you can claim a town road unless the town has "legally" abandoned it. Is that what you mean?

Your title policy insures claims from anyone against anything that you purchased that was indeed purchased.

Feel free to call me at 845-878-2163 so that I might be able to get a few more facts and a possible answer for you if you'd like.

Good Luck

RRG

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Answered on 9/22/05, 11:44 am
Walter LeVine Walter D. LeVine, Esq.

Re: Boundary dispute

Check with your title company, as this would be covered regardless of how long ago. However, if this was an abandoned road, you should be aware that you only acquired 1/2; being the portion from your lot to the center line of the road. When a road is abandoned or sold, each abutting land owner acquires only to the center line of the road, as the road splits to both abutting owners. It is highly unusual that the entire road would go to only one abutting owner.

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Answered on 9/22/05, 11:46 am


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