• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I have right of way rights?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

aalliikkaatt

Junior Member
What is the name of your state?What is the name of your state? New York. My father gave me some land seven years ago. When he signed over the deed we didn't write anything about right of way, due to it being raw land at the time. I put up a house and my father put in a driveway along the edge of his property for me to access my property. Now, seven years later, he is upset that I had a visitor that he doesn't like (his ex wife). He called me and threatened to block off my driveway and told me I better make plans on how to find a new place for a driveway. Can he legally do this and deny me access? We had a verbal agreement for right of way... the evidence is my obvios usage over the past seven years. Do I have any rights? Please help me with this issue.
 


ms.magoo

Member
Do I have right of way rights ?

I think you should take this matter to a real estate atty. Its too bad that this legal rife has to be in your family. I think the best thing for you to do is put your own driveway in, on your own property, to not make any more waves with you Dad. It would save both of you some grief later on down the road. We are all just humans an have feelings too. ;)
 

aalliikkaatt

Junior Member
Driveway...

I have to cross his property (meaning the driveway he built me) in order to access my property. If I had the option of putting in a new one on my property I would have done so. I guess what I need to know is... since we had a verbal agreement for ingress and egress and have been doing so for seven years, can he now just say no and not allow me access via the driveway? :confused:
 

ms.magoo

Member
Do I have right of way rights ?

Well if your Father is landlocking you because you need that driveway to access your property, then you have a good legal leg to stand on. You should take this matter to a lawyer, and have him draw up a proper WRITTEN easement agreement. Then send that forth to your Father an see what happens from there. If he doesn't agree to sign the easement agreement, then the next thing I think you'd have to do is take this to a court of law, an have them Order your Father to sign the agreement.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top