Legal Question in Real Estate Law in New York

Local government blocking driveway

My parents own a property that has been in the family for 100+ years. In the 1940's some of the property was sold to build a Town Hall. There was driveway that went from the house to the road via the land that was sold. For 60 years there was no problem, until recently when the ''powers at be'' decided that it would be ok to block this driveway whenever they choose to. We have tried asking nicely to ''Please not block the driveway''. No dice. Any ideas? Do we need a lawyer?


Asked on 3/11/02, 12:17 pm

1 Answer from Attorneys
Timothy Violette Law Office of Timothy P. Violette

Re: Local government blocking driveway

You sur do need a lawyer, because it sounds like you are entitled to that easement. To enforce it, if the local authorities won't, you'll need to get a court order, so to take care of this you'll need a lawyer to start the proceedings. Weight carefully whether the cost of litigation is worth it. It may be worth your while to have an Order declaring the existence of your easement.

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Answered on 3/11/02, 12:44 pm


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