Legal Question in Real Estate Law in New York

In the state of New York, can a town require you to do something (like build a retaining wall) on a private road that has been in existence for over 50 years? The town does no work on this road and never has.

Asked on 11/13/13, 4:16 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

If it's a true private road then most likely the Town lacks a jurisdictional basis. However, this is instant litigation, as it is a short path from the Code Enforcement Officer writing the violation to having to be in a higher court. Most likely Supreme Court. Compare the cost of compliance (including the esthetic loss of rustication) with the $25,000+ price tab to do a creditable job.

THe cost may be lower depending in which Town this is, but this is still a very pricy sandbox to play in.

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Answered on 11/13/13, 4:51 pm

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