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Right-of-Way Question - Tree Trimming

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What is the name of your state? NEW YORK (Sullivan County)

We recently bought a one-acre building lot on a small lake in New York State. The lot is the last of four on a small, dirt access road. This access road, (actually a shared driveway), is shown on our deed and survey as a 15'-wide Right-of-Way.

We are in the beginning phases of building a small cottage on the parcel. The first floor is going to be built modularly. The two modules will measure 13' x 42' and will need to be trucked into the lot.

Our builder has informed us that some of the tree branches along the Right-of-Way will need to be trimmed back so that our modules are not damaged. Two of our three neighbors along the ROW will be affected.

We've contacted the builder and our neighbors, and we are all meeting this weekend to discuss what will need to be done. I would like to go into this meeting knowing what my legal rights are.

There is essentially no language in the deed, beyond the grant language, regarding the maintenance of the right of way. Furthermore, the existing road does not utilize the entire 15' available.

We have taken great care to include our neighbors in all of our plans, and to let them know that we will do our best to create as little impact on the neighborhood as possible. We have also offered to repair any ruts or damage that the pending heavy equipment may do to the road. On the flip side, I don't want this hurdle to keep us from building our home.

Can anyone tell me what legal legs we have to stand on? I really don't want to offend our new neighbors (and they are nice people), but I'm not going to let them take advantage of us either.
 
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Both. The "canopy" of trees grows rather snugly around the access road. Eventually, some sort trimming will need to be done anyway... but you know how people are.
 

HomeGuru

Senior Member
CuckoosNest said:
What is the name of your state? NEW YORK (Sullivan County)

We recently bought a one-acre building lot on a small lake in New York State. The lot is the last of four on a small, dirt access road. This access road, (actually a shared driveway), is shown on our deed and survey as a 15'-wide Right-of-Way.

We are in the beginning phases of building a small cottage on the parcel. The first floor is going to be built modularly. The two modules will measure 13' x 42' and will need to be trucked into the lot.

Our builder has informed us that some of the tree branches along the Right-of-Way will need to be trimmed back so that our modules are not damaged. Two of our three neighbors along the ROW will be affected.

We've contacted the builder and our neighbors, and we are all meeting this weekend to discuss what will need to be done. I would like to go into this meeting knowing what my legal rights are.

There is essentially no language in the deed, beyond the grant language, regarding the maintenance of the right of way. Furthermore, the existing road does not utilize the entire 15' available.

We have taken great care to include our neighbors in all of our plans, and to let them know that we will do our best to create as little impact on the neighborhood as possible. We have also offered to repair any ruts or damage that the pending heavy equipment may do to the road. On the flip side, I don't want this hurdle to keep us from building our home.

Can anyone tell me what legal legs we have to stand on? I really don't want to offend our new neighbors (and they are nice people), but I'm not going to let them take advantage of us either.
**A: legally, your builder is allowed to trim the tree branches such that proper and clear ingress can be made.
 
S

seniorjudge

Guest
HomeGuru said:
**A: legally, your builder is allowed to trim the tree branches such that proper and clear ingress can be made.
What about egress?
 
S

seniorjudge

Guest
CuckoosNest said:
We don't have any egress on the lake... a few herons, some loons, the occasional sandpiper... but no egress. :D
I thought the only loons (aka lawyers) were on this forum...guess not.
 

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