Legal Question in Real Estate Law in New York
Hello I moved in to my home 12 years ago and i had to sign an easment for an encroching drive way being partialy on my property, since then the neighbor that it was assoiated with has sold their property. I never got a new easement for the new owners. Do I have the right to have them remove the parts of the driveway that encroaches my property?
2 Answers from Attorneys
The easement transfers to the new owner.
It depends if the easment was contractual or ran with the property. This may only be determined from the language in the easement. If the easment was contractual - solely relating to the prior owners - and not filed with the County Clerk - the answer would be yes. You would have the right to remove the driveway. However, if the language in the easement concerned all property owners - and was filed with the County Clerk - the answer would be no.
Mike.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
