Legal Question in Real Estate Law in New York
Inn 1968 my parents bought two 99' x 100' lots bordered front and back by state land and built a cottage. There has alway been a road (right of way) that runs through the property. Over the years many other people have bought lots and built cottages along this tract of land . Through the years the road has widened from roughly 10 feet wide to almost 17 foot at its current width. The town of long lake N.Y is now claiming to own the road (49.5 ft) and is making people move all structures from their precieved easment. They plan to widen the seasonal road and claim that the road was deeded tto the town and designated a town highway in 1894. I question the fact that the town has never surveyed the road, the center of the road today is not where the center of the road was in 1894, were town highways 49.5 feet wide in 1894, That the town was even deeded the road. If the town is sucessful in pushing this issue on us we will loose 50% of our property that we have been paying taxes on for over 30 years. In our deed it does mention the road but no particulars as to if the town owns the road and what the maximum width is. No one in there right mind would ever buy a 99' x 100 lot where the town owns 50% of the land. Is this fair and do I have a case for stpping the town from doing this?
Thank you
Steve
1 Answer from Attorneys
Wow.
Quite a story.
I'm not sure whether to take this seriously or not. I think the real parties in interest would be sitting down with counsel in the vicinity.
I recognize land values up there are not $1,000,000 per acre, but I would think there are at least two real estate attorneys in and near Hastings whose hourly rates make sense. Email the County Bar Association using the webserver at their website (www.oswego-bar.org). If that fails, try Mr. DiBenedetto at 315-349-3360 and ask if the Bar Association has a referral service.
Here's a clue: these referral services get you to meet with a lawyer for less than $50 so you both can decide whether to go forward or not.
In the interest of discussion, here are some thoughts:
1. EMERGENCY: THERE IS AN EXTREMELY SHORT TIME LIMIT FOR USING SOME OF THE MOST POTENT REMEDIES. AN ARTICLE 78 PROCEEDING HAS TO BE STARTED WITHIN 4 MONTHS AFTER THE GOVERNMENT ACTION THAT YOU WANT TO CHALLENGE. CALL THE LAWYER NOW NOW NOW!!!!!!!!!
2. Did your parents buy title insurance when they bought or at any time subsequently?
3. Does the road run parallel to the state-private boundary or does it run from state land onto the subject land and on into state land?
4. How far are you from the River? Does the road run down to the River?
If this is a real-world problem, there are many steps you can take. NYS APA/Adminisytrative Procedure Act; SEQRA/State Environmental Quality Review Act; those alone should buy years and years of time. Meanwhile inverse condemnation for the whole value of the lot is one distinct possibility. Roads in the woods always call for SPEDES clearance and that takes time. There is supposed to be notice to affected owners and an opportunity to appear and testify (under APA). Your parents' and your possession may be adverse possession.
Do you have enough ideas for the class assignment now? Again, if this is real, call the lawyers immediately. Most of them will get started on a case like this without a deposit. because there could be "real" value here, perhaps a six-figure recovery.
THIS IS NOT LEGAL ADVICE. IF IT WERE LEGAL ADVICE IT WOULD COME WITH A BILL.
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