Right of Way

[KDBlake]

What is the name of your state (only U.S. law)?
My mom owns a porperty which is being used by neighbors as an access road to their property. Does she need to make a "Right to Claim" to make sure that these neighbors cannot ever claim it, and can she force them to use another access if possible?What is the name of your state (only U.S. law)? New York

 

[FarmerJ]

Does the nieghbor have any other access ? like a portion of property that has a TWP, city, county road next to it ?
IF they have no other possible means of access her best bet might be seeing a atty and granting in writting permission for them to use what they allways have with some limits and spelling out who is to maintain the access and under what conditions the permission expires, Like say county / TWP / City builds a new road that a new driveway can go to so neighbor no longer would need to cross her land. This way it amounts to a license for access that can be revoked under specific conditions.

 

[KDBlake]

Right of way

Does the nieghbor have any other access ? like a portion of property that has a TWP, city, county road next to it ?
Yes ,the neighbors could make other access points by building their own driveways through their properties to the main roads; it would be costly, not as convenient, etc. One neightbor is selliing her land and we are afraid that the new owers will not repsect the unwritten code of joint maintanence, etc that has occured for over 50 years....so you recommend having a lawyer draw some more difinitive terms for all parties involved

 

[HomeGuru]

Does the nieghbor have any other access ? like a portion of property that has a TWP, city, county road next to it ?
Yes ,the neighbors could make other access points by building their own driveways through their properties to the main roads; it would be costly, not as convenient, etc. One neightbor is selliing her land and we are afraid that the new owers will not repsect the unwritten code of joint maintanence, etc that has occured for over 50 years....so you recommend having a lawyer draw some more difinitive terms for all parties involved

**A: legal counsel should be involved top draft an instrument for recording ie. easement agreement.