We live on a Road in upstate NY that is a deeded right of way for property owners on a Road known as Road 464 in the Town of Brownville NY. The Road appears on a neighbors deed and states; containing .0490 acres which is Road 464, from the bed of Moffatt Road to the J.A. Drexel’s properties. We have no written Road maintenance agreement nor do we have any Home Owner Association that states maintenance responsibility for the right of way. I have several subdivision maps that show the Road, but nothing related to maintenance responsibility. I have found two indentures in my abstract that states as follow: the right of ingress and egress to and over a Road that runs from the bed of the county Road to and over a private Road maintained by the cottagers that runs behind lake front cottage lots. I have done some research and found that absent any Road maintenance agreement, home owners association or covenants, conditions and restrictions the dominant estate is responsible for maintenance and upkeep of the deeded right of way. My understanding is the person owning the land is the servient estate and those given the right of way are considered the dominant estate. I have found a number of NYS cases that support this belief. Can you tell me if this is correct and if so how to enforce payment from property owners whom refuse to pay. I recently filed a small claims action, however the presiding Judge did not look at any of the cases I presented.
1 Answer from Attorneys
What was the outcome of the small claims action?