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Land owner wanting to change my right of way locating to stop me

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allie11

Junior Member
What is the name of your state? New York
I have a parcel of land that is located about 1/2 mile from the main highway. My deed shows a 50' right of way clearly marked out using an exsisting old wood road from the highway to my property. the problem is my neighbor who owns the land my right of way is on has the right in his deed to "change location of such right of way" He not wanting me to build back there has proposed his new r.o.w. Taking me all the way around the edge of his property line creating a driveway for me of over 3 miles. This is up the side of a mtn. and through terrain that he knows is undoable Is he then in a sense, Land Locking me. At one point in his new r.o.w. we are 200' feet from my line leaving the original road to my property and rerouting me another 2 1/2 miles.
Thank you very much and help will be greatly appreciated
 


lwpat

Senior Member
What his deed says may not be important. What is important is what the instrument that created the easement says. Either way, he cannot relocate it the way you have described. I would continue to use the existing easement. It may pay you to go ahead and pay an attorney to write him a letter advising him not to interfer with your rights or he will be liable for damages. Fighting a battle like this can cost both of you big bucks in legal fees. Better to see if there is some type of compromise.
 

BelizeBreeze

Senior Member
Actually, in this case, the deed controls. Contact a local attorney who can read both documents but don't hold out much hope.
 

lwpat

Senior Member
Actually, in this case, the deed controls.
Not necessarily. It depends on how the easement was created and when. It's a "who's on first" question. Just because the right to relocate is in the deed of the servient property does not always mean they actually have the right. In any event, any relocation cannot unduly burden the dominent property and normally any relocation has to be agreed upon by both parties.
 

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