Legal Question in Real Estate Law in New York

Deeded ''Right of Way''

I am looking at purchasing raw land that has a deeded ''forever right of way'' in the deed. I have several questions regarding this legal right.

1. What liability, if any, does this have on the land owner having this in the deed?

2. Under what conditions, if any, can this right be modified, or revoked?

3. If the original reason for the ''right of way'' no longer exists can the right be eliminated upon my purchase of this land?


Asked on 1/12/09, 2:21 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Deeded ''Right of Way''

1. What liability, if any, does this have on the land owner having this in the deed?

A. Other than what a normal landlowner would have, you would be liable to maintain the right of way as set forth in the deed.

2. Under what conditions, if any, can this right be modified, or revoked?

A. It may be modified or revoked on consent to the individual or entity that is given the right of use.

3. If the original reason for the ''right of way'' no longer exists can the right be eliminated upon my purchase of this land?

A. No. The right of way runs with the deed or the land. Therefore, you would be purchasing the land with the easement.

Mike.

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Answered on 1/12/09, 2:42 pm


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