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My neighbor is blocking our right of way to our driveway so that we cannot use it

Wolcott, NY |

Basically our property maps show that we have a right of way of 20 ft of their land to use as our driveway/ to access our driveway. They are blocking us access by putting trailers in the space. They insist it is their land and we cannot use it. We had police involved, and he clearly could see we are right, however he cannot enforce them to move their trailers. He showed them our maps. She does not have any property maps to her property. I spoke to a land surveyor this morning who stated that those right of ways are still in exhistance and she cannot block us. I was prepared to pay for an entire new survey and map to prove it to her we are right, but cannot pay the $900 it will cost. What should my next steps be so that we can use are right away again?

Attorney Answers 4

Posted

You need a real estate attorney to confirm and advise you on how to enforce your rights, but if you cannot afford the $900 for a new survey, I wonder whether you will be able to find an attorney willing to take this case.

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Posted

It is just that $900 is a lot of money for a survey, whenthe surveyor says that the previous land maps are still correct, meaning we do have the right away. I plan on going to our local town court with my maps, pictures whowing the right away in dispute and the trailer blocking it, in hopes that the town court judge can help. Those are the steps that the state police offider advised. If I need a lawyer, ill grt one.

Posted

Dear Property Owner:

Easement litigation in New York State is complex and does not often end without a court decision or a ruling from an appellate court.

The link below to a report of an appellate decision from a lawsuit involving a dispute over a right of way. Hiring an attorney early may save time and expense.

http://caselaw.findlaw.com/ny-supreme-court/1597268.html

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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Posted

Hire an attorney. A letter from an attorney might solve your problem. If not, then they can go to court seeking injuctive relief.

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Posted

I have an appointment next week with a lawyer. In the mean time I also acquired a copy of my deed and it clearly states we have the 20 foot right of way and another easement to another part of their property for our water lines. Hopefully a letter from my lawyer will be enough to pursuade them to remove their trailer, otherwise I am fully prepared to fight through court if need be.

Posted

Retain an attorney and seek a temporary restraining order (TRO)and preliminary and permanent injunction preventing them from blocking the right of way.

My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900

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