Legal Question in Real Estate Law in New York

Re: Right Of Way Dispute

Did you check both her Deed and that of the prior owner? If they gave an easement for use of the road, it should have been in the Deed. It might have been by separate document, so check for a recording of the easement around the time your mother's Deed was recorded. If her Deed gave her a perpetual easement, it cannot be destriyed by the sale to a new owner. Plus, she may have acquired rights by adverse possession (open and notorious use for 10 years or more, but this could differ from state to state as to the time period). Finally, if the roadway is the only access to and from your mother's house, she may have an equitable claim for loss of usage and property value as a result. Sounds like you need a good local real estate attorney familiar with these matters and you will probably have to bring a suit against the new owner to enforce the rights your mother was given.

Walter

Re: Right Of Way Dispute

The right of way runs with the land and cannot be restricted or denied by a new owner. I recommend that you send a letter demanding that the right of way be honored, if not, you must resort to litigation to assert your right to same.