Legal Question in Real Estate Law in New York

RIght of Way and Zoning laws

We purchased our house over 10 years ago with the understanding that there was an existing permanent right of way to the barns and fields retained in the deed by a certain individual and his survivor. He has since sold that property to another individual who is in constant use of, as well as parking in, this right of way. Our use and enjoyment of this piece of land is gone as well as the land being ''torn up''. We would like to know what options are available to us to keep him off of our property and possibly rescinding the right of way.


Asked on 7/18/01, 7:50 pm

1 Answer from Attorneys
Garry Hanlon

Re: RIght of Way and Zoning laws

Rights of Way generally "run with the land"

and cannot be extinquished that easily.

It would require the consent of all affected

parcel owners.

However, the terms of a Right of Way (Easment)

are usually set forth in the document creating

them (either a deed reservation or a separate

easement agreement)

These must be reviewed because constant

tearing up and parking are generally not

permitted activities, and a court will

enforce limitations on use and prevent

violations in an action in court to enforce

Read more
Answered on 7/19/01, 5:55 am


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