Legal Question in Real Estate Law in New York

Private Drive right of way

There is a private drive/easement on our property (along the edge of our property). There are other properties who use this easement to get to their houses. Because they have consistently driven too fast and recklessly, we have chosen to let potholes form in our portion of this drive to slow them down. Consequently they have taken to driving across our lawn. We put up a temporary rope fence to stop this. They are saying they have the right to drive 33 feet onto our property and that the rope fence is illegal as it blocks their full right of way of 66 feet. (They state their right of way is 66 feet in total width). My deed states an easement of 15 feet and that I own to the center of the private drive. There is a plowed field owned by another neighbor bordering the other half of the private drive. The property owners in the rear have stated if I dont fix the road (potholes) they will continue to damage my property & drive on lawn/ take down fence. Where do I find out my rights regarding this manner? Do I need an attorney or is it something I can research thru the Town Highway Dept or Town Hall?


Asked on 5/28/04, 4:22 pm

1 Answer from Attorneys
Anthony Lee Gallo & Iacovangelo, LLP

Re: Private Drive right of way

You should speak with an attorney and have him/her review not only your deed, but the abstract of title (history) of your property and the road at issue. A complete review will not only let you know your rights and responsabilities, but will also let you know if anyone may have been violating your rights.

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Answered on 5/30/04, 3:29 pm


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