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right of way

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L

L. MacGregor

Junior Member
What is the name of your state? New York
I just listed my house for sale. I have a deeded right of way over a 15' strip of land that belongs to the neighbor benind me. My driveway is on that strip of property owned by the neighbor. The neighbor does not use this strip of land to access his property, though he certainly is able to if he wants to. He has a 50' cut in the road on the other side of our house where he has a driveway back to his 18 acres.
Potential buyers of my house are afraid that he will use the 15' wide strip of land to make a driveway to any new construction he might add to the property. Our zoning permits a building to be put on the property he owns behind our house. If, however, he should decide to subdivide the property, it is my understanding that he would have to go to the zoning and planning board for this. In this case, neighbors have a right to voice their concerns. From any logical point of view, using this strip of land does not make sense, as the owner already has a drive in place to access all land behind our house. We have tried to buy this tiny strip of land (.083 acres) but the neighbor seems to like to have control over us with this land and potential threats of building back there.
I have been trying to come up with a list of FAQ's relating to the definition of right of way, but can't even find a good definition. If anyone can help me, please do. I am also curious as to the liability of the owner of the strip of land should someone fall on it. Thanks!
 


J

JETX

Senior Member
right of way
n. 1) a pathway or road with a specific description (e.g. "right to access and egress 20 feet wide along the northern line of Lot 7 of the Cobb subdivision in page 75 of maps"). 2) the right to cross property to go to and from another parcel. The right of way may be a specific grant of land or an "easement," which is a right to pass across another's land. The mere right to cross without a specific description is a "floating" easement. Some rights of way are for limited use such as repair of electric lines or for deliveries to the back door of a store. Railroads own title to a right of way upon which to build permanent tracks.
 
H

HomeGuru

Senior Member
L. MacGregor said:
What is the name of your state? New York
I just listed my house for sale. I have a deeded right of way over a 15' strip of land that belongs to the neighbor benind me. My driveway is on that strip of property owned by the neighbor. The neighbor does not use this strip of land to access his property, though he certainly is able to if he wants to. He has a 50' cut in the road on the other side of our house where he has a driveway back to his 18 acres.
Potential buyers of my house are afraid that he will use the 15' wide strip of land to make a driveway to any new construction he might add to the property. Our zoning permits a building to be put on the property he owns behind our house. If, however, he should decide to subdivide the property, it is my understanding that he would have to go to the zoning and planning board for this. In this case, neighbors have a right to voice their concerns. From any logical point of view, using this strip of land does not make sense, as the owner already has a drive in place to access all land behind our house. We have tried to buy this tiny strip of land (.083 acres) but the neighbor seems to like to have control over us with this land and potential threats of building back there.
I have been trying to come up with a list of FAQ's relating to the definition of right of way, but can't even find a good definition. If anyone can help me, please do. I am also curious as to the liability of the owner of the strip of land should someone fall on it. Thanks!
Click to expand...
**A: read your recorded right of way agreement.
 
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