Legal Question in Real Estate Law in New York

Owner finance

i would like to buy a house with 96 acres. there is a road that goes to this land but land on either side of the road is owned by others. can we subdivide the land, sell it off and still have traffic on this road. in other words is the road totally ours to do with as wanted?


Asked on 10/09/02, 8:09 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Owner finance

If it is a State or County

road the owners of adjoining land cannot stop access.

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Answered on 10/09/02, 10:02 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Owner finance

Although a private individual may not stop use of the road, to subdivide land you must receive permission from the local zoning board.

Among other things that a local zoning board reviews prior to granting the necessary permits, is how subdivision of land will affect local traffic and services.

Mike.

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Answered on 10/10/02, 8:13 am


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