Legal Question in Real Estate Law in New York

Drainage Easement

I recently purchased a piece of land in a 3 lot subdivision. The deveopler started to construct an 8' deep 25' wide water retention pond on my lot. There is nothing in my deed referencing a detention pond. The plat plan does show a depression on my lot but there is no mention of an easement or use restriction on the plat map. The developer ceased construction of the detention pond when I objected to it and has since move on. Since then, the Town issued me a building permit and C.O. for my home and one year later issued two more building permits and C.O.'s to my neighbors. The Town refused to plow the road during the first winter season while I was the only resident. I had to take care of the snow removal. The Town did however plow the road during the second winter season after my 2 neighbors moved in. Now I receive a letter from the Town stating that the Town will not take title to the road or plow the road this coming winter unless I give them an easement allowing them to place and maintain the water detention pond on my property. Can the Town legally stop plowing? Do I have any right to sue the Town for not plowing the road during the first winter season? Thank you for your assistance.


Asked on 7/12/04, 8:53 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Drainage Easement

This sort of sticky situation requires more attention than can be covered online. The central question is whether or not the Town ever accepted the dedication of the road. Most purchasers have that question answered by their title companies, since most banks will not put mortgages on properties that do not front on public streets. Bear in mind that you are about to try your hand at fighting Town Hall, which can be a frustrating experience and a losing proposition.

To answer your question, if the Town did not accept the dedication of the road without conditions, then thay can require you to do anything they want (so ling as they do not trespass on constitutional limitations) as a quid pro quo for plowing the road...or re-paving it in 15 years or so when it needs it. If it accepted the road, then they have to take care of it.

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Answered on 7/12/04, 9:01 am


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