Legal Question in Real Estate Law in New York

Right of way

I am in the process of buying a piece of property that has a right of way driveway on it to a business. I am wondering how, if at all, I can have this right of way removed or nullified. This is a big stress in this sale because the right of way basically makes 1/3rd of the property useless. Besides, it is a warehouse and I am concerned about liability of trucks going over my property and the safety of my young children. Incidentally, the warehouse has another entrance off of a state highway at the front of the business.


Asked on 4/25/05, 3:07 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Right of way

You would have to consider a number of angles, including the nature and source of the easement. If the easement is an easement of necessity, then the other means of ingress would extinguish the dirveway easement. You could also consider zoning: the driveway might be out of compliance with the zoning ordinance, which could extinguish it through "frustration of purpose." Ultimately, you might need to negotiate a buyout of the easement from the warehouse. Your mortgage lender might be willing to fund the buyout, since it sounds like it would (significantly) enhance the value of the property.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

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Answered on 4/25/05, 9:39 am


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