Legal Question in Real Estate Law in New York
Does 'probable location of ingress' mean I can move it?
My deed states 'probable location of ingress/egress'. When someone buys the property to which this was granted, can I move the ingress to the outer border of the propery rather than the middle where it sits now? Also, I have been using it as my driveway (still dirt) for over 10 years. Does adverse possession hold any weight in my wanting to relocate ingress/egress?
Thank you very much!
1 Answer from Attorneys
Re: Does 'probable location of ingress' mean I can move it?
I am not sure what this is for or whom this is to benefit. Was this created to provide access in and out of your own property, or does it also benefit third parties? Was it created as an easement, or merely to delineate the entry to a driveway? In most instances, driveway entrances require approval of the municipality, state or county on whose roads curb cuts are involved. To change a location would require advance approval, possibly requiring that you go before a municipal state or county agency for approval. Was there a formal survey when you purchased? If so, how does it define this item? Adverse possession only applies to open and notorious use of someone else's property to gain property rights, and also may require litigation to claim it. Too many questions to provide a more specific answer.