[AT] Off Topic Property Right of Way

Stephen Offiler soffiler at gmail.com
Mon Nov 3 09:14:31 PST 2014


First of all, I am not a lawyer.  Second, laws vary by state and I have no
personal experience in New York.

What I believe you need ideally is a "deeded right-of-way" which is granted
to you by the landowner.  I see that you are checking the deed to see if
this already exists.  If not, the county can't grant it for you.  It is an
agreement you must reach with the landowner.

There might be another option, called a "prescriptive easement".  Sometimes
known as "adverse possession".  This is a right to a property that you gain
by openly using the property.  Laws vary A LOT by state.  You don't need an
agreement with the landowner but I greatly doubt you'll have much luck in
this area without using a local real estate attorney.

SO


On Mon, Nov 3, 2014 at 11:40 AM, Will Powell <
william.neff.powell at comcast.net> wrote:

> Hello,
>
> After hiring a forester to look over 109 acres of family owned land in
> upstate NY's Tug Hill region the recommendation is "Harvest". He has
> provided 3 plan options, each one with different price points. I like the
> highest cost because he sends out to 10 bidders and manages everything.
> Land is in family trust with 5 members so I like the managed approach.
>
> One of the main bottlenecks to the harvest is the right of way into the
> property. There is a road we have been using for over 35 years that cuts
> through 50 acres between our property and the road. My great uncle owned
> the 50 acres in the past and sold it to the current owner. The current
> owner had a camp back in the 60's and they used to give us a hard time
> about using their road. Their camp burned down early 70's and we have been
> using the road since.
>
> Not sure if my uncle secured a right of way, I don't think he did. (I will
> be checking the deeds)  We had a road back from the 40's to the 70's that
> went through a stream but that has grown over.
>
> There was one confrontation with the current owner when my father was
> mowing the road , he was stopped and confronted. My father said "We need
> access to our property and we could go the expensive route through a
> judge if he wanted to go that way".  The guy said use the road but don't
> fix it up.
>
> I'm done not being able to fix the road. I have an RV that I want to bring
> onto the property and I want the road fixed...
>
> So, what are my options? Should I contact the current owner or should I
> just appy somehow through the county for a right of way?
>
> Regards,
>
> Will
>
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