Need help with a strange Right of Way Lake Access

[Biglurr54]

What is the name of your state (only U.S. law)? New York State.

My family and I purchased our first house in Upstate New York. Along with the house came a separate piece of property on a lake. The property on the lake originally belonged to one family. When the father past away he willed the property to be split and one half go to his daughter and the other half would go to his son. His son is who we purchased the house from. The daughter still lives in the fathers house across the street for them property on the lake. The son and daughter went to have the property split into two separate lots but the town stated that it was too small of a lot to split. The son got a right of way in a deed attached to his property.
When we moved in we built a dock at the property which is outlined in the deed as something we are allowed to do. I gave permission to one of my neighbors to keep his boat at my dock. I received a letter in the mail from the daughter (land owner) stating that I have extended my use of the right of way beyond what is reasonable and that only I am allowed to have permission to be on her property.
I should have the right to give permission for someone to use my right of way correct?
Also there is glass all over the ground on the property and brush and vegetation on a large part of the property. Am in within my rights to bring in top soil and replant grass and clear out the area of brush and dead wood and fill in with top soil there as well? I have two young children that I would like to not have to worry about cutting their feet with the glass around.

I have attached a redacted copy of the deed I have.

 

[Biglurr54]

How do I attach a file?

 

[xylene]

ahhhh good old "lake righhts"

I suggest you consult a lawyer immediate give the dominant land owner is trying to substantial abridge your easement rights and devalue your property.

 

[justalayman]

Actually I believe sister is correct. The ROW is for op to access water. OP can extend those rights to guests of his property. I don't believe he can extend those rights to a neighboring property.

And it would be the servient tenant attempting to abridge op's rights as the dominant tenant.

 

[Biglurr54]

So i cant give permission to my neighbor to use my dock but i can give permission to someone else? I dont see where his ownership of land plays a roll. I am giving him permission as a guest of my property regardless of property he owns. If i can figure out how to post the deed (PDF file) it will help clarify a lot I believe.

 

[xylene]

And it would be the servient tenant attempting to abridge op's rights as the dominant tenant.

How is she the dominant tenant on property her brother still owns?

 

[justalayman]

How is she the dominant tenant on property her brother still owns?

Maybe my misunderstanding but as I read this;

The son got a right of way in a deed attached to his property.
When we moved in we built a dock at the property which is outlined in the deed as something we are allowed to do. I gave permission to one of my neighbors to keep his boat at my dock. I received a letter in the


Brother and sister own property on the lake with op as dominant tenant and the sister/brother lot servient tenement.

 

[154NH773]

I think the original poster needs to clarify who owns the property with the dock, and if he only has an easement that came with the house he bought from the brother.
If he only has an easement, he needs to state what the terms of the easement are, otherwise we are all just guessing.
My guess is that he is wrong and the daughter is probably right.

 

[Biglurr54]

So the sister owns the whole property at the lake. The brother got a right of way to half of it. I purchased the brothers house and his right of way came with the house. The brother is no longer involved. The sister owns the property and I have the right of way the brother had transferred in my deed to me. My deed reads as follows:


Together with an easement as described in deed liber 1689 from purposes of (i) ingress and egress to Glass Lake, (II) for the construction and such access rights as may be necessary in connection with such construction of a boat dock and/or picnic facilities on Glass Lake, and/or (iii) maintenance of such facilities over the following descried premises:
…
Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first in and to said premises: TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part.
And the party of the first part, in compliance with section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.
And the party of the first part covenants as follows: that said party of the first part is seized of the said premises in fee simple and has good right to convey the same; that the party of the second part shall quietly enjoy the said premises; that the said premises are free from incumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and that said party of the first part will forever warrant the title to said premises.

 

[justalayman]

I'll have to read it again later but on a quick read I saw nothing that allows you to extend your rights to a neighbor.

 

[Biglurr54]

Can i extend my rights to s visitor and friend? Can my father use my easement? Can my wife and children use the easement?

 

[justalayman]

Technically it is granted to your property. The rights to use it extend to people associated with your property. If your wife and children and father live at your house there is no doubt they can use it.

Generally guests at your house could use it but just the same you cannot extend it to friends and family that do not live with you or at least guests at your home. If they are accompanied by you it would not likely be an issue.

 

[Zigner]

Technically it is granted to your property. The rights to use it extend to people associated with your property. If your wife and children and father live at your house there is no doubt they can use it.

Generally guests at your house could use it but just the same you cannot extend it to friends and family that do not live with you or at least guests at your home. If they are accompanied by you it would not likely be an issue.

Maybe the OP needs to lease out 1 square foot at the corner of his property to the boat owner

 

[LdiJ]

Technically it is granted to your property. The rights to use it extend to people associated with your property. If your wife and children and father live at your house there is no doubt they can use it.

Generally guests at your house could use it but just the same you cannot extend it to friends and family that do not live with you or at least guests at your home. If they are accompanied by you it would not likely be an issue.

This phrase:

TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part.

Makes me disagree with you.

 

[Biglurr54]

I am hoping that assigns means whomever i assign permission to. If not I wonder how the leasing of land would work out.