Legal Question in Real Estate Law in New York
right of way laws
if you sell a landlocked piece of property and give them a right of way to it, does it have to be your own personal driveway, or just space for them to create their own road to their land?
Asked on 7/26/03, 7:11 pm
2 Answers from Attorneys
Arnold Nager
Arnold H. Nager, Esquire
Re: right of way laws
It's the access you bargain for when you sell the property.
Answered on 7/27/03, 6:35 pm
Seth Kaufman
Seth M. Kaufman
Re: right of way laws
You need to provide a practical means of access to the landlocked parcel. If your driveway is the only navigable way to the public road, then the landlocked owner will have an easement over it. If you negotiate something different, be very specific and clear about what was bargained for and what part of the property is to be developed. Feel free to call me at 212-367-9167 if you have any questions.
Answered on 7/26/03, 9:56 pm
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