Legal Question in Real Estate Law in New York
Driveway on neighbors property
In my deed it says together with all right, title and interest of the party of the first, if any, in and to an old road or passway abutting on the easterly side of the premises for ingress and egress and subject of rights of others for egress and ingress over and in the said old road or passway . said premises know as my address. I want to know if the neighbor can put a fence and block my access to my back yard. the property is the neighbors and his lawyer told him he can put up a fence.
2 Answers from Attorneys
Re: Driveway on neighbors property
You should obtain a survey to the property measuring the metes and bounds of your property and staking the boundries. If the fence being erected encroaches on your property, then you can file an injunction to prevent the erection of your neighbor's fence.
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Re: Driveway on neighbors property
Mr. Moberg is correct. Also depending on how long you have had this house you may have acquired the right to use this road even if you didn't originally get that right when you bought the land. Consult a real estate attorney.
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