Legal Question in Real Estate Law in New York

Right of Way vs Compensation
There is deeded right of way on my property that was given to my Village in exchange for free water service to the premises in perpetuity. Said Village now refuses to honor this agreement, and says that in as much as the covenant only appeared in the first few subsequent out conveyances, it no longer applies. The Village contends however that the right of way remains in force. How do I go about enforcing this original agreement dated in 1893, and never recinded?

Asked on 1/24/07, 8:36 am

Robert R. Groezinger GroezingerLaw P.C.

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Re: Right of Way vs Compensation

A legal action is the only way.

Good Luck

RRG

Answered on 1/24/07, 12:23 pm

Debra Palazzo Law Offices of Debra Palazzo, LLC

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Re: Right of Way vs Compensation

If you are going to sue the Village you MUST file a Notice of Claim within 90 days of when the claim arose or you may be barred from doing so.

This reserves your right to sue which you MUST commence within 1 yr and 90 days from when claim arose.

Answered on 1/25/07, 10:31 pm

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