Private Road Easement

Previous | Next
 rated by 0 users
Latest post 10-07-2010 11:27 PM by Drew. 12 replies.
  • 10-07-2010 2:00 PM

    Private Road Easement

    I appreciate any help or advice regarding title search companies and easements. I purchased a 3 family house on a private road with an easement of necessity (Right of Way). Is a title search company responsible to check on an easement? Does this include whether there are any maintenance agreements for this road with all parties this easement effects? This property is located in ED, Greene County NY.

    Thank you

    Maureen B

  • 10-07-2010 2:08 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,320

    Re: Private Road Easement

    Well basically its your duty to assure you have access to you property thats for starters.

    And there may or may not be any written agreements for the maintenance of ROW , and they may or may not be part of easement agreement. But one problem is an easement of necessity is NOT an easement by agreement or grant so what is it that you have? .

    And some of the maintenance stuff gets very loose--odds are you are responsible for maintenance from street to your accesspoint of ROW and if repairs are needed you may need to sue neighbors in between to contribute.

    Give us more clues as to your problem.

     

    You probably have a nice can of worms!



  • 10-07-2010 2:41 PM In reply to

    Re: Private Road Easement

    Hi Drew,

    Yes, it is a horrible can of worms that has caused me severe hardship and headaches. I have invested $15K into maintenance and repairs of this hazardous road during winter months. No other neighbors will pay to maintain road, they feel it is the property owner's responsibility, which I disagree. The property owner of the parcel of land (road) does not have to access this road to get to his property, he is off the main road.

    I don't feel the property owner is responsible because he pays the property/school taxes on that parcel he doesn't even use.  These neighbors think using the road is a free benefit to them.

    I have all deeds to prior owners and neighbors properties and a survey map of road dated 1971. The survey map indicates it is right away at beginning of road 65 ft, then turns into private road. The deeds state "All that certain plot, piece or parcel of land with the buildings and improvements thereon errected, situated lying and being in the Town of Durham, Greene County, NY. Beginning at pin north side of a private road which said point ofbeginning is S 86 degrees 30' E 178.9 fee; running thence North 0 degrees 29' W 154.5 feet to a pin; running thence N 86 degrees 30' W 150 feet to a pin on the private road; running thence S 0 degrees 29' E 154.5 feet to a pin; running thence 150 feet to the point and place of beginning.

    Thank you, for responding so soon. I really appreciate any help I can get.

    Maureen

  • 10-07-2010 2:43 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,191

    Re: Private Road Easement

    Title companies report what is in the public records.  If there was an easement of record or maintenance agreement recorded, the title company should have provided you with a copy.  If no public record, they have no way of knowing what unrecorded agreements the parties may have made.

  • 10-07-2010 3:09 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,320

    Re: Private Road Easement

    The users of the easement the dominant party so to speak have theduty to maintain the easement, the underlying landowner, the serviant party so to speak does NOT--absent a written gareement to contrary.

     

    You and the other users need to sort it out!



  • 10-07-2010 3:41 PM In reply to

    Re: Private Road Easement

    DOCAR, thank you for getting back to me so soon. I hired a lawyer, who in return hired the title search company to  check on the title for this propery I was purchasing. Isn't the lawyer or title search company suppose to tell me there is no maintenance agreement or is this up to the consumer to know. Aren't lawyers suppose to whatch over there clients? There was a section of the lien law from orginal deeds that was omitted from my deed, which could have been a problem for me. I found this while researching all deeds pertaining to this road.

    I appreciate any help or advice you can give me. I have provided the maintenance and repairs for this hazardous road since 2003, which has cost me 15K. This road is a real hardship and headache for me. No other neighbors will partake in its maintenance or repairs, these people just reap the benefits.

    Thank you

    Maureen

  • 10-07-2010 4:02 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,191

    Re: Private Road Easement

    I am not in New York, so I am not sure what the standard practice is in this situation.  Did you use a real estate agent?  They are usually the ones that gather all the information about the property.  Did you ask who maintained the road? 

    Speak to an experienced real estate attorney.  youmay be able to sue the other property owners for contribution on maintenance of the road.  Depending upon the amount, you may be able to do it in small claims court.

  • 10-07-2010 4:12 PM In reply to

    Re: Private Road Easement

    Yes, I did use a real estate agent (Century 21 West). No, I did not ask about maintenance, nor was I told. I do plan on sueing these neighbors, and also thought I could use small claims court.  Can I use the town court to possible force the neighbors to agree to a road maintenance?

    Thanks

    Maureen

  • 10-07-2010 4:16 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,320

    Re: Private Road Easement

    Town won't do it.

    You will need to sue neighbors who are parties to the easement for their share --pull copies of every relevant deed to see who seems to have deeded use rights.



  • 10-07-2010 4:48 PM In reply to

    Re: Private Road Easement

    I went to Town of East Durham, NY numerous times to intervene and force the neighbors to set up an road maintenance agreement. Also, tried to foil request documents and the application and erection of the Mc Stine Lane street sign because it is just like all the other East Durham, NY street signs. This sign looks like it had been placed there by the Town of East Durham. The Town of East Durham will not cooperate, and when I sent appeals on my foil request to appeals officer the Town Supervisor assigned that position to the Town Attorney. That seems to me to be a conflict of interest.

    I also showed the Town of Durham and their Attorney that in the New York State Town Highway Superintendents book it state the towns can intervene to force neighbors to maintain and make repairs on a private road. Still no response or help. I just don't understand how these towns get away with not helping the taxpayers, and why NYS does not regulate and inforce these towns to abide by NYS laws

    Thanks

    Maureen

  • 10-07-2010 4:50 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,320

    Re: Private Road Easement

    NY is like many states tricky as to easement issues --if the guys in the middle do NOT have recorded easements  and thier use of the easement was by permission  it may be possible to pull permission and watch them squeal--at least as to a recorded easement or prescriptive easement.  Easement of necessity is a different matter and requires a lot more review --they might not  have same either. 



  • 10-07-2010 5:03 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,191

    Re: Private Road Easement

    can intervene to force neighbors to maintain and make repairs on a private road

    The key word here is can.  That makes it up to the towns discretion.  I would assume that the town does not see it as a safety or hazzard issue, since you are maintaining the road.  Towns do not like to open up what could be a bottomless pit of litigation costs in these situations and in these tight times, may just have decided that they can spend their limited resources in ways that benefit more people.

    You are going to have to do this yourself.

  • 10-07-2010 11:27 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,320

    Re: Private Road Easement

    The town won't-and the agent is long out of picture and not really relevant  so its down to YOU to put enough heat on other users.. I suppose you could sue town for a mandamus--but I doubt thats a useful route.

    Towns around me want no part of private lanes, won't take them as a free gift  and even  formally disown a few alleys they do own.

    If your lane is really "destroyed" and you want a fuss (it may backfire) call the fire department (nonemerency) to see if they can get equipment down the lane safely

    I still suggest you look at other deeds as to they have deeded rights to lane.



Page 1 of 1 (13 items) | RSS

My Community

Community Membership New Users: Search Community