Legal Question in Real Estate Law in New York

What is the difference between an

Is there a difference between an ''Easement and ''Right of Access''? My deed says ''Right of Access'' was conveyed by the then owners of my property to the owners of the property right behind me. They have access to their property through mine via my driveway. The person living there now speeds through coming and going without any regard for my property or dogs. In general, she is very nasty. So, I was wondering what if any re-course I might have? Can I post a speed limit?

Thanks for any help, or information I recieve.


Asked on 11/20/03, 7:09 pm

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: What is the difference between an

A right of access is an easement across your property for access.

Who is responsible for maintaining the driveway? If you are, perhaps as the pavement gets rougher, (a la speed bumps) it might slow this lady down.

You can write her a letter stating that her excessive speed across your property is creating a dangerous situation to your property and children and if she does not slow down, sue her creating a nuisance. (a legal term of art)

Good luck.

Feel free to call if you have any questions. I do not charge for an initial telephone consultation.

914-478-2981 Late afternoon or early evening is the best time to reach me directly.

Arnold H. Nager

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Answered on 11/20/03, 7:37 pm
John Faust Faust & McCarthy

Re: What is the difference between an

You still own the property. Sounds like you might want to consider building "speedbumps" if people go through too fast?

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Answered on 11/20/03, 8:13 pm


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