Legal Question in Real Estate Law in New York

easement

I am a librarian trying to help a patron. She owns a building that is practically on the property line. She wants to side her building (a business) and needs to be on neighbor's prop. to do so. Neighbor is refusing her access. Is there a law where she can have access? Thank you.


Asked on 11/16/06, 10:15 am

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: easement

She may have to get a court order but she will be allowed to improve her property

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Answered on 11/16/06, 6:33 pm
Walter LeVine Walter D. LeVine, Esq.

Re: easement

I agree with Debra that she should be allowed access to improve her property, but this may require that she both get Court approval, and provide the neighbor with some type of liability indemnification in the event of injury or damage. I am surprised that there is insufficient room on her property to allow this. Is there a problem she might have with set-back lines as required for her zoning compliance?

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Answered on 11/17/06, 11:29 am


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