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I have a property that is landlocked , I have been given tickets for code violations , is this legal ?

Liberty, NY |

have letter from county office that parcel is landlocked

Attorney Answers 4

Posted

The relationship between the two things you've mentioned is unclear. Does your local zoning ordinance require you to have access to a public highway/street either because you're abuttting a road or have an easement or private right of way though someone else's property to have a buildable lot or to allow for, say, emergency access or utilities?

If so, you may need to purchase an easement from the neighboring parcel that's "landlocking" you or establish that such an easement may already exist through operation of law or adverse possession. Such an easement, if it existed, might have to be established through a declaratory judgment of Supreme Court under the Real Property Actions and Proceedings Law.

As to whether such an easement potentially exists (for instance, because it was once part of a common parcel before it was subdivided, or because you have used your driveway across the neighbor's property for more than ten years without objection), I would suggest you consult with a real estate attorney in Sullivan County. You can use the Avvo "Find a Lawyer" tab or Google. Bring deeds to your property and tax maps to the meeting.

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Posted

There is no exemption from local code requirements just because your property is landlocked. If your issue is that the County has indicated you are in violation because you are landlocked, then you should consult with an attorney to determine if the County has any reasonable basis for the complaint against you.

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Posted

For what are the violations cited? Also, you should consult a real estate attorney about getting an easement of necessity to eliminate its being landlocked.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

As my colleagues indicate, you have two separate and distinct issues. The first is the matter of code violations. The second is the matter of access.

You should take your abstract of title and survey to a real estate attorney to determine what options you have regarding obtaining access to the property. Once you can obtain access to the property, there will be an opportunity to address the code violations.

This communication is intended only to provide general information. No attorney-client relationship is created.

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