Legal Question in Real Estate Law in New York

Re: liability for right of way

In order to answer your question with any certainty, I would need to see the deed that reserved or granted the easement. In general, however, the owner of the easement has the "personal" right to use the easement to get to and from his property. Other landowners do not have the right to use the easement, even if it's much easier to get to their property via the easement than any other way. That's trespass. If the owner of the landlocked parcel gives them permission to pass over the easement, that is an attempted division of the easement and that act could result in the easement being terminated. At the same time, other people coming from and going to the person's property have the right to pass over the easement so long as they are visiting the other person. If the other person were to file a subdivision map, or open a campground or a business, there might be a different conclusion.

The easement needs to be consulted to see who is responsible for maintenance. You should insure this risk and make sure your insurance company knows about the right of way. If comeone gets hurt in the easement, it really does not matter who is responsible in the end: you are going to get sued.

This is the kind of situation that calls for a real consultation with a lawyer done correctly.

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