Legal Question in Real Estate Law in New York

Right of Way?

We purchased a house in 2003 on a 'private' road, and have since found out that we have no written access agreement and no services (no plowing or maintenance). I am wondering about the legality of the entire deal. Apparently 10 years ago, this was a town road, maintained by the town. There are 6 houses on this part of the road. he town closed off the road in the middle, kept ownership of one part as a dead-end, and 'sold' the remainder of the road to our town supervisor for $1. How can the town transfer title to a public road to a private individual that serves 6 existing dwellings? The new road owners wont allow garbage trucks, mail, or even utility pole maintenance crews on the road. I am concerned that we have no written right-of-way for anything. I am considering persuing this matter, but I need more information first.


Asked on 4/09/07, 12:02 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Right of Way?

You will need to have a real estate attorney review the facts and probably then sue to protect your rights. The longer you wait, the worse your chances become.

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Answered on 4/09/07, 12:22 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Right of Way?

The deed and any restrictions in it first need to be reviewed. Then perhaps a review of the title from when you purchaed the property. There is presently not enough information with which to make an informed decision.

I'm in Putnam if you'd like to call for a quick free phone consult at 8782163.

Good Luck

RRG

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Answered on 4/09/07, 12:46 pm


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