R
Ramona-x
Guest
What is the name of your state? NY
Two years ago we bought a farm at the end of a road. The farmstead (house and barns) is located where the public road ends, but the farm road continues. The previous farmer sold 4 land-locked parcels of land (no public road frontage) at the end of the farm road, and gave deeded rights-of-way for purpose of ingress and egress to the owners. One owner applied for a zoning variance to build a residence. It was granted and since the house was built, we have had many problems with traffic speeding by our home, making it a dangerous place for a family with children. We recently were able to stop the granting of another variance, because of the difficulties we’ve had, and the problems we’ve encountered trying to farm our property.
Recently we removed an old fence that was located roughly 15 feet from the edge of the farm road, and began putting in new posts to contain our livestock. We were met by a ‘representative’ of the rights-of-way holders, telling us we could not put our fence there because they have a 50’ right of way. If that is true, some of our farm buildings are within that. Our deed does not say they have a specific width, but says they have a right of way for ingress and egress along the existing farm road. It DOES say that we have the right to convey to the TOWN, a 50’ width along the existing private right of way, if they so desire to take it over. We are getting a copy of their deeds to find out if theirs differs from ours.
1.) If indeed, they DO have a 50’ right of way, can we still replace the fence that existed on our farm before they ever had deeds written?
2.) Because the traffic is bad and people generally ignore the stop sign that is located at the end of the public road/the beginning of our private property, we were going to place a 20’ wide gate at this point, to give the clear sign that it is private property. We would leave this gate open, therefore not impeding anyone’s ability to travel to their property. Any vehicle can pass through a 20’ opening. The current farm road is single lane. Can we do this?
3.) I read in another post that someone was going to put a gate in that would be locked, with the property owners having keys…. Is that possible in NY?
Two years ago we bought a farm at the end of a road. The farmstead (house and barns) is located where the public road ends, but the farm road continues. The previous farmer sold 4 land-locked parcels of land (no public road frontage) at the end of the farm road, and gave deeded rights-of-way for purpose of ingress and egress to the owners. One owner applied for a zoning variance to build a residence. It was granted and since the house was built, we have had many problems with traffic speeding by our home, making it a dangerous place for a family with children. We recently were able to stop the granting of another variance, because of the difficulties we’ve had, and the problems we’ve encountered trying to farm our property.
Recently we removed an old fence that was located roughly 15 feet from the edge of the farm road, and began putting in new posts to contain our livestock. We were met by a ‘representative’ of the rights-of-way holders, telling us we could not put our fence there because they have a 50’ right of way. If that is true, some of our farm buildings are within that. Our deed does not say they have a specific width, but says they have a right of way for ingress and egress along the existing farm road. It DOES say that we have the right to convey to the TOWN, a 50’ width along the existing private right of way, if they so desire to take it over. We are getting a copy of their deeds to find out if theirs differs from ours.
1.) If indeed, they DO have a 50’ right of way, can we still replace the fence that existed on our farm before they ever had deeds written?
2.) Because the traffic is bad and people generally ignore the stop sign that is located at the end of the public road/the beginning of our private property, we were going to place a 20’ wide gate at this point, to give the clear sign that it is private property. We would leave this gate open, therefore not impeding anyone’s ability to travel to their property. Any vehicle can pass through a 20’ opening. The current farm road is single lane. Can we do this?
3.) I read in another post that someone was going to put a gate in that would be locked, with the property owners having keys…. Is that possible in NY?