neighbor and right of way

[Succubus]

What is the name of your state? new york
I recently purchased a home in upstate new york and there seems to be a question as to the right of way. if my survey says that i was granted a portion of the right of way (which begins at the main road), to be used in common with others does that mean the property owner that is behind my home (which the right of way continues to) is the sole "owner" of that right of way? does anyone "own" a right of way? who is responsible for upkeep on the right of way?

 

[ms.magoo]

neighbour and right of way

Your post is kinda vague to properly answer it. You should get a copy of your right of way, an read it over well. It should state who is the dominant tenement an who is the servient tenement. In a easement agreement, the dominant tenemant an servient temenant cannot be the same people. That is your key to finding out who is which. The agreement should also tell you who is responsible for the upkeep of the right of way. My guess would be that all the dominant tenements would have an equal share of the costs of upkeeping that right of way.

 

[Succubus]

Your post is kinda vague to properly answer it. You should get a copy of your right of way, an read it over well. It should state who is the dominant tenement an who is the servient tenement. In a easement agreement, the dominant tenemant an servient temenant cannot be the same people. That is your key to finding out who is which. The agreement should also tell you who is responsible for the upkeep of the right of way. My guess would be that all the dominant tenements would have an equal share of the costs of upkeeping that right of way.

Thanks for your response...how do I go about getting a copy of my right of way? is it more than what is stated on my survey? I bought my home from a couple. they own the house at the end of the right of way (furthest from the road) and had owned the 2.5 acres and home which is now mine. before the home was put up (2 years ago) a small portion of the land-which the home now sits on and pretty much uses up the 250 feet of the right of way that my survey states is mine (ROW runs alongside this small piece of land)-belonged to my one neighbor. she "traded" this small piece for some land at the back of her property (which butts up against this couple's) and when I bought, the tax maps were adjusted so it can be listed as one parcel. before i moved in, the man said that we could split the cost of taking care af the ROW (winter snow removal, rain damage, etc.) which I have no problem with. the problem is that he is clearing land way up the hill (his property) and the excavating trucks are causing damage to the ROW (my portion). and he is building a new home on this cleared land. i told him if more than 2 homes are to use this ROW, it will have to be doubled in width (this is info i heard from a friend who is a volunteer fireman-he says that if 2 or more homes share a ROW, emergency vehicles need an extra lane to come in and out). now that he is building this 3rd home, he claims that the ROW is solely his and I have no say. he refuses to fix the damage and still mentions that we can both split the cost come the winter. i would have contacted my own lawyer that i used for the closing but she was a nitwit and i refuse to ever use her services again. also, is there any way for me to get a hold of surveys of properties that border mine without contacting the property owner? in other words, can the surveyor himself provide me with them? sorry this is so long winded. i appreciate any insight.

 

[ms.magoo]

neighbour and right of way

Yes, you should be able to get copies of your ROW from a land title office, or land registry. If you have your neighbours legal land description, then they should also be able to pull up their title an ask for a copy of that as well. The ROW should be shown on your survey, but the legal notes belonging to that ROW should also be on a separate sheet detailing exactly what an where it is, an who's legal rights belong where. As for the neighbour claiming he owns your part of that ROW, well he's not in the right there. He doesn't own a ROW, its for your benefit as well. Also, if he's damaging your part of that ROW, I'd send him a registered letter, an get it notarized as well, telling him that you're going to charge him for any of the damages he's done on your portion of that ROW once he's done with all his developments and heavy equipment ruining that area. That might make him sit up an think about what he is really doing.

 

[Succubus]

Thank you for your info. I will get on that asap!!!!