Legal Question in Real Estate Law in New York

I bought a pice of land from someone for cash with no lawyers just a deed transfer. the one thing i asked was if it was land locked and if it was do I have a right of way or access to it . the seller told me I did and sent me a copy of an old deed. when i went to the land to go hunting i find the land between the road and my land posted. so i looked up the owner of that land and she informed me that there is no right of way that that went away when the state put in the southern tier expressway. (rt 17 now rt 86 ) in stuben county , new york state. do i have any recorse or am i stuck?


Asked on 12/23/09, 10:45 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Before you call it quits, you should run a title report on the property to determine whether you have an easement for a right of way.

If you do not have right of way to the property, try to negotiate a right of way with your neighbor. The cost for the right of way may be offset from seller's breach of contract when he represented that there was a right of way.

Mike.

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Answered on 12/29/09, 4:50 am


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