New York Deed Granting Right of Way
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How to fill out Deed Granting Right Of Way?
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FAQ
A: In New York, if a neighbor encroaches on your property knowingly and without permission for a minimum of ten years, the neighbor can claim ownership of that encroached property (NY RP ACT & PRO § 501).
Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property. This works very well when there is a single property using the easement.
This type of easement typically only grants a person the right to travel through another's land only. To receive an easement by necessity, the requesting party must prove a ?severance of the unity of title.?
?An easement is an interest in land created by grant or agreement, express or implied, which confers a right upon the owner thereof to some profit, benefit or dominion, or lawful use out of or over the estate of another.? Huyck v. Andrews, 113 N.Y.
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.
The rule is well established in NY by case law that the holder of a dominant estate, the State in this case, is generally responsible for the maintenance of the easement (Greenfarb v. R. S. K. Realty Corp., 256 N.Y.
